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Biju John vs State Of Kerala on 12 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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,
KALEEKKAL HOUSE
KARIKOM KOTTARAKARA, KOLLAM DISTRICT

2 RENJITH. R,
AGED 28 YEARS
RENJITH BHAVANAM, VILLUR ,
VETTIKAVALA,
KOTTARAKARA,
KOLLAM DISTRICT

BY ADV. SRI.SYAM J SAM

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM

OTHER PRESENT:
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:
B.A. No. 7221/2018 -2-

ORDER

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.

sd/-

ANNIE JOHN,
JUDGE.

Rv
B.A. No. 7221/2018 -4-

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