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
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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
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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
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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
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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
