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Unni vs State Of Kerala on 9 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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:

1 UNNI
AGED 25, S/O. BALAN, BAIJU BHAVAN, UDAYAGIRI,
CHITTAYAKODU, NAVAIKULAM P.O., THIRUVANANTHAPURAM.

2 RENJITH
AGED 26 YEARS
S/O. RAJAN, SMITHA BHAVAN, UDAYAGIRI, CHITTAYAKODU,
NAVAIKULAM P.O., THIRUVANANTHAPURAM.

3 BAIJU
AGED 27 YEARS
S/O. BALAN, BAIJU BHAVAN, UDAYAGIRI, CHITTAYAKODU,
NAVAIKULAM P.O., THIRUVANANTHAPURAM.

4 SUNI
AGED 28 YEARS
S/O. SUKUMARAN, UDAYAGIRI PUTHENVEEDU, KALLAMBALAM,
THIRUVANANTHAPURAM.

5 BIJU
AGED 25 YEARS,
S/O. VIJAYAN, VIJI BHAVAN, KALLAMBALAM,
THIRUVANANTHAPURAM.

6 CHANDRAN,
AGED 40 YEARS,
S/O. GOPALAN, PUTHENVILA VEEDU, KALLAMBALAM,
THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENT/STATE:
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:
B.A. No.2778/2018 -2-

ORDER

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

standing outside.

3. Heard the learned counsel for the petitioners and the learned

Public Prosecutor.

4. The learned counsel for the petitioners contended that the

petitioners are innocent of the allegations levelled against them. The
B.A. No.2778/2018 -3-

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

following conditions:

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

earlier.

3. The petitioners shall not influence the witnesses or tamper any

evidence in this case. They shall not disturb the peaceful life of
B.A. No.2778/2018 -4-

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

Investigating Officer.

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.

sd/-

ANNIE JOHN,
JUDGE.

Rv
B.A. No.2778/2018 -5-

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