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Crime No.891/2019 Of Kunnamkulam … vs 2 on 5 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA,
1941

Bail Appl.No.7676 OF 2019

CRIME NO.891/2019 OF Kunnamkulam Police Station, Thrissur

APPLICANTS/ ACCUSED NOS.1, 2, 4 TO 7 :

1 NITHIN,
AGED 28 YEARS, S/O.SASI, ATTATHARA,
MANGAD, THRISSUR – 680 542.

2 ANOOP,
AGED 19 YEARS, S/O.SUBRAMANIAN,
PAKATH HOUSE, MANGAD, THRISSUR – 680 542.

3 MAHESH,
AGED 24 YEARS,
S/O.MOHANAN, MANGAD HOUSE,
MANGAD, THRISSUR – 680 542.

4 NIKHIL,
AGED 26 YEARS, S/O.PREMAN,
KANDAMPULLY HOUSE,
MANGAD, THRISSUR – 680 542.

5 ABHINAV,
AGED 22 YEARS, S/O.SIDHARTHAN,
PAKKATH HOUSE, MANGAD, THRISSUR – 680 542.

6 VISHAK,
AGED 29 YEARS,AMMATT HOUSE, MANGAD,
THRISSUR – 680 542.

BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.P.M.RAFIQ
SRI.M.REVIKRISHNAN
SRI.V.C.SARATH
SRI.VIPIN NARAYAN
SRI.AJEESH K.SASI
SMT.POOJA PANKAJ
SRUTHY N. BHAT
Bail Appl.No.7676 OF 2019

2

RESPONDENTS :

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682 031.

BY SR.PUBLIC PROSECUTOR SRI.M.S.BREEZ

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 05.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING :
Bail Appl.No.7676 OF 2019

3

ORDER

The petitioners herein are accused Nos. 1, 2, 4 to

7 in Crime No.891/2019 of Kunnamkulam Police Station,

Thrissur District for offences under Sections 143, 147, 148,

447, 448, 323, 354, 427, 294(b) read with Section 149 of the

Indian Penal Code.

2. The prosecution allegation is that on

11.09.2019, the petitioners along with 3 other accused

persons, formed themselves into an unlawful assembly,

armed with deadly weapons and trespassed into the house of

the de facto complainant and attacked him and destroyed

the door of his house, and the 5th accused twisted the hand

of the mother of the de facto complainant and outraged her

modesty.

3. Apprehending arrest and detention, the

petitioners approached the Sessions Court, Thrissur in
Bail Appl.No.7676 OF 2019

4

Crl.M.C.No.1812/2019 seeking anticipatory bail and the same

was dismissed by order dated 17.10.2019.

4. The main offence alleged against the

petitioners are under Section 354 IPC. The reason for denial

of the arrest was that the petitioners are involved in so many

other crimes. But the nature of the offence was not

considered or discussed by the Sessions Court. In order to

attract Section 354 IPC, there must be some indecent or

unholy intention to humiliate a lady. But there is no such

allegation against the petitioners herein. No other serious

allegations are raised against the petitioners in this case.

5. Considering all these facts and the absence of

materials to attract Section 354 IPC, I find that the detention

of the petitioners behind the bar is not required in this case.

Therefore, I am inclined to grant anticipatory bail, as sought

for by the petitioners on the following conditions :-
Bail Appl.No.7676 OF 2019

5

1. Petitioners shall surrender before the Station

House Officer, Kunnamkulam Police Station, Thrissur District

on or before 30.11.2019 between 10.00.a.m. and 11.00.a.m.

and after interrogation, they shall be released on bail on

executing a bond for Rs.50,000/- (Rupees Fifty thousand

only) each 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 between 10.00 a.m. and 11.00.a.m. on

the 2nd and 4th Saturdays for a continuous period of three

months or till the charge sheet is filed, whichever is earlier.

3. The petitioners shall not involve in any other

offence while on bail.

4. The petitioners shall not threaten the de facto

complainant or influence the witnesses in this case.

5. If the petitioners violate any of the above

conditions, the bail granted to them, by this Court shall stand

cancelled, forthwith.

Sd/-

ANNIE JOHN, JUDGE
RKM

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