Kerala High Court
Ajayan.T vs State Of Kerala on 19 October, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
BAIL APPL. NO. 8972 OF 2023
CRMC 1925/2023 OF DISTRICT COURT & SESSIONS COURT, THALASSERY
Crime No.768 of 2023 of Mayyil Police Station, Kannur
PETITIONER/ACCUSED :
AJAYAN.T
AGED 47 YEARS
S/O KANNAN, THYKANDI HOUSE,
KOLACHERY AMSOM DESOM,
KOLACHERY PO, KARINKAL KUZHI,
KANNUR DISTRICT, PIN - 670601
BY ADVS.
PRASANTH K.T.
SOORAJ S
NIKHILA SOMAN
RESPONDENTS/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
INVESTIGATING OFFICER,
MAYYIL POLICE STATION,
MAYYIL PO, KANNUR DISTRICT,
PIN - 670602
OTHER PRESENT:
SRI VIPIN NARAYAN (SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.8972 of 2023
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ORDER
This is an application for regular bail.
2. The petitioner is the second accused in Crime No.768 of 2023 of Mayyil Police Station, Kannur, alleging commission of offences under Sections 341, 324, 354, 326, 506(ii) and 427 r/w 34 of the Indian Penal Code.
3. The allegation against the petitioner is that the petitioner along with the other accused had wrongfully restrained and attacked the defacto complainant on 10.08.2023, when the defacto complainant was travelling on her scooter. It is alleged that the defacto complainant was attacked using a wooden stick and the first accused had torn off the saree of the defacto complainant after holding her mouth closed with his hands.
4. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter and has been roped in only on account of the fact that he is a friend and neighbour of the first accused. It is submitted that there were some issues between BA No.8972 of 2023 3 the first accused and the defacto complainant/her husband, which led to a false case being registered against the petitioner and the other accused. It is submitted that the petitioner had not committed any offence as alleged.
5. The learned Public Prosecutor would submit that, while the main allegations are against the first accused, the petitioner is also involved in the attack on the defacto complainant. It is submitted that the petitioner was named in the First Information Statement itself. It is submitted that the first accused had earlier orally abused the defacto complainant under the influence of liquor and as a retaliation against the complaint filed before the police against the first accused, the first accused along with the petitioner had attacked the defacto complainant. It is submitted that there is a damage to the scooter of the defacto complainant also. The learned Public Prosecutor submits that since the defacto complainant has suffered a fracture, an offence under Section 326 of the Indian Penal Code has also been subsequently added.
6. The learned counsel for the petitioner would submit that the petitioner has been in custody for 38 days and BA No.8972 of 2023 4 his further detention is not necessary in the facts and circumstances of the case. It is submitted that the petitioner has no criminal antecedents.
7. Having heard the learned counsel for the petitioner and the learned Public Prosecutor and having regard to the facts and circumstances of the case, I am of the view that the petitioner can be granted bail subject to conditions. The main allegations are against the first accused. While the petitioner has been named in the First Information Statement, it is the first accused who is alleged to have beaten up the defacto complainant and to have committed the offence under Section 354 and that under Section 326 of the Indian Penal Code. The further detention of the petitioner does not appear to be necessary for the purposes of investigation.
In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent BA No.8972 of 2023 5 sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioner shall report before the Investigating officer in Crime No.768 of 2023 of Mayyil Police Station, Kannur at 11.00 a.m. on every Saturdays till 30.11.2023 and thereafter whenever called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the defacto complainant or any witness in Crime No.768 of 2023 of Mayyil Police Station, Kannur;
(iv) The petitioner shall not enter the Kannur District except for the purpose of complying with condition No.(ii) above;
(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail.
(vi) The petitioner shall not involve in any other crime while on bail.BA No.8972 of 2023
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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.768 of 2023 of Mayyil Police Station, Kannur shall file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P., JUDGE rkj BA No.8972 of 2023 7 APPENDIX OF BAIL APPL. 8972/2023 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF ORDER IN CRL.M.C NO.1925/2023 OF THE HON'BLE DISTRICT COURT, THALASSERY