IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
THURSDAY, THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
Bail Appl.No. 6289 of 2018
CRIME NO. 714/2018 OF Kottiyam Police Station, Kollam
PETITIONERS/ ACCUSED 1 TO 3 :
1 JIJO,
AGED 25 YEARS,
S/O DILEEP RAJ
RESIDING AT RAJE MANDIRAM ,
THAZHUTHALA ,KOTTIYAM P.O.,
KOLLAM DISTRICT
2 SETHU,
AGED 40 YEARS,
S/O.JANARDHANAN,
RESIDING AT RAJE MANDIRAM,
THAZTHALA, KOTTIYAM P.O.,
KOLLAM DISTRICT.
3 DEEPA,
AGED 36 YEARS,
W/O.SETHU,
RESIDING AT RAJE MANDIRAM,
THAZTHALA, KOTTIYAM P.O.,
KOLLAM DISTRICT.
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENT/ COMPLAINANT :
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ,ERNAKULAM,
KOCHI -31, PIN – 682 031
BY PUBLIC PROSECUTOR SRI.D.CHANDRASENAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING :
Bail Appl.No. 6289 of 2018
2
ORDER
The petitioners herein are arrayed as
accused Nos.1, 2 and 3 respectively in Crime
No.714/2018 of Kottiyam Police Station, Kollam
District, registered for the offences punishable
under Sections 294(b), 323, 354, 324, 325 r/w.34
of the Indian Penal Code.
2. The prosecution allegation is that on
24.08.2018, at about 8.30 p.m., when the de facto
complainant was walking through the road in front
of the residence of the first petitioner herein,
the first petitioner came out of his house and
showered abusive words on her and when it was
resisted by the de facto complainant, he kicked
her and she fell down. Then, the husband and
mother in law of the de facto complainant
intervened, the other accused came to the scene
with stick and had attacked the de facto
complainant and thereby committed the offence. It
Bail Appl.No. 6289 of 2018
3
is understood that the information was given to
the police only on 29.08.2018. Actually the
complaint was filed in order to counterblast the
incident, which resulted in Crime No.715/2018 of
Kottiyam Police Station registered under Sections
294(b), 323, 324 and 326 r/w. Section 34 I.P.C.
In the above said crime, the 2nd petitioner was the
de facto complainant, who sustained severe injury
and the de facto complainant in Crime No.714/2018
and her husband are accused in the said crime.
3. Heard both sides. The learned Public
Prosecutor has seriously opposed the application.
4. In this connection, I have gone
through the Case Diary files. After hearing the
arguments advanced by both sides, it was found
that there is a case and counter case in this
case. It has also borne out that the first
petitioner herein has sustained bone fracture and
he is undergoing treatment. The main offence is
under Section 354 I.P.C. and no where it is stated
that with sexual intention, the de facto
Bail Appl.No. 6289 of 2018
4
complainant was attacked.
Considering the nature of transaction in
this case and also the existence of the counter
case and moreover, the accused in other counter
case was also given anticipatory bail by the
District and Sessions Judge,Kollam, I find it is
just and proper to grant anticipatory bail, as
sought for by the petitioners on the following
conditions :-
1. The petitioners shall surrender
before the Station House Officer, Kottiyam Police
Station, Kollam District on or before 04.12.2018
between 10.00.a.m. and 11.00.a.m. and after
interrogation, he 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 once in a week and shall
also co-operate with the investigation of the
crime.
Bail Appl.No. 6289 of 2018
5
3. The petitioners shall not involve in
any other offences while on bail.
4. If the petitioners fail to comply with
any of the orders cited above, the bail,
granted to them, by this court shall stand
cancelled.
Sd/-
ANNIE JOHN, JUDGE
True copy
PA to Judge
RKM
