Kerala High Court
Aji @ Ajith Abraham vs State Of Kerala on 8 September, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
BAIL APPL. NO. 5223 OF 2023
IN CRIME NO.0754 OF 2023 OF THIRUVALLA POLICE STATION,
PATHANAMTHITTA DISTRICT
PETITIONER/ACCUSED :
AJI @ AJITH ABRAHAM
AGED 47 YEARS
S/O ABHRAHAM, BETHEL BHAVAN,
THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN - 689101
BY ADVS.
P.V.VIBIN
N.S.HASNA MOL
SWAMINATHAN K.S.
VIJEENDRA CHANDRAN
A.M.FASEENA
POOJA P. SURENDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
THIRUVALLA POLICE STATION,
PATHANAMTHITTA, PIN - 689101
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.5223 of 2023
2
ORDER
This is an application for anticipatory bail.
2. Petitioner is the accused in Crime No.754 of 2023 of Thiruvalla Police Station, Pathanamthitta, alleging commission of offences under Sections 341, 380, 323 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is that the petitioner trespassed into the house of the defacto complainant and stole a cover which contained the SSLC book, Plus Two certificate, Aadhaar Card, PAN Card etc. of the defacto complainant and her cousin and when she attempted to resist, the petitioner caught hold on her neck and also threatened her and thereby, he committed the offences alleged against him.
4. The learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner and the defacto complainant are neighbours and the false allegations have been raised on account of other disputes between the petitioner and the defacto complainant. It is submitted that pursuant to the interim order of this Court dated 14.08.2013, the petitioner had appeared for BA No.5223 of 2023 3 interrogation before the Investigating Officer and the petitioner was thoroughly interrogated. It is submitted that in such circumstances, custodial interrogation of the petitioner is not necessary.
5. The learned Public Prosecutor refers to the facts of the case. She confirms that the petitioner had appeared pursuant to the interim order dated 14.08.2023 and had been subject to interrogation. No criminal antecedents are reported against the petitioner.
6. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to allow the prayer for anticipatory bail. Since arrest has already been recorded pursuant to the interim order dated 14.08.2023 and since the petitioner has already executed a bond to the satisfaction of the Investigating Officer, no further bond need be executed by the petitioner and the petitioner will continue to be on bail on the same bond.
In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.754 of 2023 of Thiruvalla Police Station, Pathanamthitta subject to the following conditions:- BA No.5223 of 2023 4
(i) Petitioner shall continue to be on the bond executed in terms of the interim order dated 14.08.2023;
(ii) Petitioner shall appear before the investigating officer in Crime No.754 of 2023 of Thiruvalla Police Station, Pathanamthitta as and when summoned to do so;
(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.754 of 2023 of Thiruvalla Police Station, Pathanamthitta;
(iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.754 of 2023 of Thiruvalla Police Station, Pathanamthitta may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P., JUDGE rkj BA No.5223 of 2023 5 APPENDIX OF BAIL APPL. 5223/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF FIR IN CRIME NO. NO.0754 OF 2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT