Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE19H DAY OF MARCH201428TH PHALGUNA, 1935 Bail Appl..No. 1909 of 2014 (C) ------------------------------- CRIME NO. 71/2014 OF VELLIKULANGARA POLICE STATION , TRISSUR ACCUSED(S)/PETITIONERS/ACCUSED1TO3 -------------------------------------------------------------------------- 1. SAJEEVAN AGED42YEARS S/O.RAMAN, PATHIYARIL HOUSE, KORAYARACAL CHEMBUCHIRA P.O., THRISSUR.
2. MANOJ, AGED36YEARS S/O.AYYAPPANKUTTY, VETTIYATTIL HOUSE, KORAYARACAL CHEMBUCHIRA P.O., THRISSUR.
3. PRASANTH AGED32YEARS S/O.PRABHAKARAN, PULLARIKKAL HOUSE, KORAYARACAL CHEMBUCHIRA P.O., THRISSUR. BY ADV. SRI.K.I.SAGEER COMPLAINANT(S)/RESPONDENT/STATE: ---------------------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE (FIR NO.71/2014) VELLIKULANGARA POLICE STATION THRISSUR, REP.BY PUBLIC PROSEUCTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1903-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 1909 of 2014 (C) ------------------------------------------ Dated this the 19th day of March, 2014 ORDER
Petitioners are A1 to A3 in Crime No. 71/2014 of Vellikulangara Police Station, Thrissur District. Offences alleged are under sections 448, 341, 323, 354, 294(b) and 506(i) of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that all these accused persons committed criminal trespass into the residential house of the complainant at about 9.00 am on 20.1.2014. They enquired as to whether Arun, the son of the complainant, is there. When the complainant questioned, the 1st accused, saying "what has to be given to the son will be given to you", pushed the complainant, pulled her nightly and slapped on her left cheek and then stamped on her lower abdomen, as B.A. No. 1909/2014 (C) -2- a result of which she fell down. Hearing her hue and cry, the persons who were passing along that road on a bike came and rescued the complainant. The accused persons also threatened the defacto complainant, it is alleged.
3. The learned counsel for the petitioners submits that the case has been foisted due to political rivalry. The learned Public Prosecutor has strongly opposed the petition pointing out the wound certificate issued by the doctor, which shows that because the accused no.1 stamped on her lower abdomen, there was bleeding from her vagina.
4. Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the 1st petitioner. His application is rejected. The 2nd and 3rd petitioners shall surrender before the Investigating Officer within ten days from today. After B.A. No. 1909/2014 (C) -3- interrogation the 2nd and 3rd petitioners shall be produced before the learned Magistrate. When applied for bail by the 2nd and 3rd petitioners, the learned Magistrate will, considering the nature of the case, grant bail to the 2nd and 3rd petitioners but on the following conditions: a. The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioners shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all B.A. No. 1909/2014 (C) -4- Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioners shall surrender their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The petitioners shall not leave India without the prior permission of the learned Magistrate. B.A. No. 1909/2014 (C) -5- f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj