IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY ,THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940
Bail Appl..No. 1724 of 2018
CRIME NO. 2822/2017 OF Chathannoor Police Station , Kollam
AGED 26 YEARS,S/O.MANI, UDYA BHAVANAM,KUREEPPALLY,
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA – 682 031.
SMT. PUSHPALATHA M.K, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 1724/2018 :2:
The petitioner is the first accused in Crime No. 2822 of 2017 of
Chathannoor Police Station, Kollam for offences punishable under Sections
143, 147, 451, 341, 323 and 354 r/w Section 149 of IPC.
2. The allegation against the petitioner is that on 23.12.2017, at 9.30
p.m., the first accused along with four identifiable persons, unlawfully
assembled themselves with an intention to commit crime and trespassed into
the house of the de facto complainant and caught hold the neck of the de faco
complainant and brought about from the house and hit above his right eye and
kicked him down and the four other identifiable persons dragged him through
the floor and fisted on his back and chest. It is further alleged that while the de
facto complainant attempted to obstruct the same, he caught hold on her heir
and pushed her down and the parents of the de facto complainant were also
attacked by the accused.
3. The learned counsel for the petitioner submits that the petitioner is
innocent of the allegations levelled against him and the case was fabricated
due to previous political enmity.
4. I have heard the learned Public Prosecutor as well.
5. It is come out that the de facto complainant has not sustained any
serious injuries. All other offences except Section 354 IPC are bailable
offences and there is no ingredients to attract Section 354 IPC. Therefore, I
am inclined to grant anticipatory bail to the petitioner.
B.A.No. 1724/2018 :3:
In the result, this application is allowed and the SHO, Chathannoor Police
Station is directed to enlarge the petitioner on bail in the event of his arrest on
execution of 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
B.A.No. 1724/2018 :4: