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.7675 OF 2019
CRIME NO.1043/2019 OF Thenmala Police Station, Kollam
PETITIONERS/ ACCUSED 1 TO 4 6 :
1 RATHEESH,
AGED 25 YEARS, S/O.KRISHNAN, KRISHNAVILASOM,
VENTURE ESTATE, ARYANKAVU VILLAGE,
KOLLAM DISTRICT.
2 MANIKANTAN,
AGED 30 YEARS, S/O.PARAMASIVAN, VENTURE
ESTATE, ARYANKAVU VILLAGE, KOLLAM DISTRICT.
3 SANKAR,
AGED 30 YEARS,
S/O.DHARMAR, PULIVILA VEEDU,
VENTURE ESTATE, ARYANKAVU VILLAGE,
KOLLAM DISTRICT.
4 MUKESH,
AGED 22 YEARS, S/O.MURUKAN, VENTURE ESTATE,
ARYANKAVU VILLAGE, KOLLAM DISTRICT.
5 AJIN T.,
AGED 21 YEARS, S/O.THULASI, THANNIMMOOTTIL
VEEDU, VENTURE ESTATE, ARYANKAVU VILLAGE,
KOLLAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT :
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682 031.
BY SR.PUBLIC PROSECUTOR SRI.B.JAYASURYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl.No.7675 OF 2019
2
ORDER
The petitioners herein are accused Nos.1 to 4 6
in Crime No.1043/2019 of Thenmala Police Station, Kollam
District registered for offences under Sections 341, 294 (b),
323, 354 and 34 of the Indian Penal Code.
2. The prosecution allegation is that on
11.09.2019, at 17.15 hours, the petitioners had an altercation
with the son in law of the de facto complainant and thereafter
the petitioners 4 and 5 caught hold of him and the petitioners
1 to 3 attacked. When the de facto complainant tried to
prevent the same, the petitioners 1 and 3 abused her and
pulled her down and thereafter kicked the son-in-law of the
de facto complainant.
3. In fact the petitioners had an altercation with
the son in law of he petitioner with regard to opening of the
door of the car. At the same time, the de facto complainant
Bail Appl.No.7675 OF 2019
3
was not even there on the spot. Later, she filed false
complaint against the petitioners that she was attacked. The
date of occurrence of the incident is 11.09.2019 and the date
of registering of crime is 18.10.2019 i.e.after 37 days.
4. The learned Public Prosecutor has strongly
opposed the application by stating that there are serious
allegations against the petitioners. He has produced the
statement of the de facto complainant and in that it was
stated that she is not intended to proceed with the case. But
since there is threat on the part of the petitioners, she has
given complaint against the petitioners. Moreover, the 5 th
petitioner had already arrested and was released on bail. In
fact the main offence is under Section 354 IPC. The only
allegation is that the petitioners assaulted the de facto
complainant. But that will not be sufficient to attract Section
354 IPC. Other offences are bailable offences. Therefore, I
Bail Appl.No.7675 OF 2019
4
am inclined to grant anticipatory bail, as prayed for.
In the result, this application is allowed and the
Station House Officer, Thenmala Police Station shall enlarge
the petitioner on bail, in the event of his arrest on execution
of a bond for Rs.50,000/- each with two solvent sureties each
for the like sum to the satisfaction of the Investigating Officer,
subject to the following conditions :
1. The petitioners shall appear before the SHO,
Thenmala Police Station as and when required.
2. The petitioners shall not involve in any offence
while on bail.
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, by this Court shall stand
cancelled, forthwith.
Sd/-
ANNIE JOHN, JUDGE
RKM
