IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940
Bail Appl..No. 2778 of 2018
CRIME NO. 1634/2017 OF KALLAMBALAM POLICE STATION , THIRUVANANTHAPURAM
PETITIONERS/A1 TO A6:
AGED 25, S/O. BALAN, BAIJU BHAVAN, UDAYAGIRI,
CHITTAYAKODU, NAVAIKULAM P.O., THIRUVANANTHAPURAM.
AGED 26 YEARS
S/O. RAJAN, SMITHA BHAVAN, UDAYAGIRI, CHITTAYAKODU,
NAVAIKULAM P.O., THIRUVANANTHAPURAM.
AGED 27 YEARS
S/O. BALAN, BAIJU BHAVAN, UDAYAGIRI, CHITTAYAKODU,
NAVAIKULAM P.O., THIRUVANANTHAPURAM.
AGED 28 YEARS
S/O. SUKUMARAN, UDAYAGIRI PUTHENVEEDU, KALLAMBALAM,
AGED 25 YEARS,
S/O. VIJAYAN, VIJI BHAVAN, KALLAMBALAM,
AGED 40 YEARS,
S/O. GOPALAN, PUTHENVILA VEEDU, KALLAMBALAM,
BY ADV. SRI.SHAJIN S.HAMEED
STATE OF KERALA
REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE,
KALLAMBALAM POLICE STATION, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
PIN – 682 031.
SRI. D CHANDRASENAN, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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The petitioners are accused Nos. 1 to 6 in Crime No. 1634 of 2017
of Kallambalam Police Station, Thiruvananthapuram for offences
punishable under Sections 143, 147, 148, 452, 323, 324, 294(b) and
354B r/w Section 149 of IPC.
2. The case of the prosecution is that on 29.10.2017, at 2 p.m.,
the accused persons, due to previous enmity, unlawfully assembled with
deadly weapon and trespassed into the house of the de facto
complainant and the first accused slapped on the face of the son of the
de facto complainant and questioned him for filing complaint before
police. When the de facto complainant tried to rescue him, the second
accused hit on her back by a stick. The second accused criminally
intimidated them, uttered obscene words and tore her dress. The third
accused beat the de facto complainant with his bare hand and the fourth
accused pushed her down and dragged. Accused Nos. 5 and 6 were
3. Heard the learned counsel for the petitioners and the learned
4. The learned counsel for the petitioners contended that the
petitioners are innocent of the allegations levelled against them. The
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main allegation against them is under Section 354 IPC. There is no
whisper in the FIR that the de facto complainant was attacked by the
petitioners with sexual intention. The dispute arose with regard to the
manufacturing of the illicit arrack in that area. There occurred a fight
between the local peoples and the son of the de facto complainant.
Later, the son of the de facto complainant preferred a complaint against
some of the petitioners and it caused the incident.
Considering the arguments advanced by both sides, I am inclined
to grant anticipatory bail by invoking Section 438 of the Cr.P.C on the
1. The petitioners herein shall surrender before the SHO,
Kallambalam Police Station on or before 30.11.2018 between 9
a.m and 11 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 at 9 a.m.
on every alternate Saturdays for three months commencing
from 08.12.2018 or till the charge sheet is filed, whichever is
3. The petitioners shall not influence the witnesses or tamper any
evidence in this case. They shall not disturb the peaceful life of
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the de facto complainant and her family.
4. The petitioners shall not enter the limits of Kallambalam Police
Station, except for the purpose of appearing before the
5. If the petitioners violate any of the above conditions, the bail
granted to them shall stand cancelled, forthwith.
This application is allowed as above.
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