IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
MONDAY ,THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940
Bail Appl..No. 7221 of 2018
CRIME NO. 1649/2018 OF KUNNICODE POLICE STATION , KOLLAM
PETITIONERS/ACCUSED 4 5:
1 BIJU JOHN,
AGED 44 YEARS,
KARIKOM KOTTARAKARA, KOLLAM DISTRICT
2 RENJITH. R,
AGED 28 YEARS
RENJITH BHAVANAM, VILLUR ,
BY ADV. SRI.SYAM J SAM
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
SRI.D.CHANDRASENAN, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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The petitioner is the accused in Crime No. 1649 of 2018 of
Kunnikode Police Station, Kollam for offences punishable under Sections
143, 147, 451, 323, 354, 427 and 149 IPC.
2. The case of the prosecution is that the petitioners along with
other accused trespassed into the house of the de complainant, molested
her by outraging her modesty and caused damage to mobile phone.
3. The learned counsel for the petitioners contended that the
husband of the de facto complainant cheated the first accused and many
people by defaulting payment of the chit amount. The de facto
complainant owned an amount of Rs.3,00,000/- in connection with chitty
transaction to the first accused. It is also contended that the no overt
act is alleged against the petitioners.
The main offence alleged against the petitioners is under Section
354 IPC, which is a non-bailable offence. It is also submitted that
accused Nos. 1 to 4 were already released on bail. There is no overt act
mentioned in the FIS against accused Nos. 4 and 5. No serious injuries
were sustained to the de facto complainant. Therefore, I am inclined to
grant anticipatory bail to the petitioners by invoking Section 438 of the
Cr.P.C on the following conditions:
B.A. No. 7221/2018 -3-
1. The petitioners herein shall surrender before the SHO,
Kunnikode Police Station, Kollam on or before 04.12.2018
between 10 a.m and 11 a.m. and after interrogation, they shall
be released on bail on executing a bond for Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for
the like sum to the satisfaction of the Investigating Officer.
2. The petitioners shall appear before the Investigating Officer at
9 a.m. on every Saturdays for three months commencing from
08.12.2018 or till the charge sheet is filed, whichever is earlier.
3. The petitioners shall not influence the witnesses or tamper any
evidence in this case.
4. If the petitioners violate any of the above conditions, the bail
granted to them shall stand cancelled, forthwith.
This application is allowed as above.
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