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Judgments of Supreme Court of India and High Courts

Jijo vs State Of Kerala on 8 November, 2018

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

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