Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE26H DAY OF MARCH20145TH CHAITHRA, 1936 Bail Appl..No. 2105 of 2014 (C) ------------------------------- AGAINST THE ORDER
/JUDGMENT
IN CRMC2852014 of SESSIONS COURT, THALASSERY DATED1303-2014 CRIME NO. 128/2014 OF PAYYANNUR POLICE STATION , KANNUR ACCUSED(S)/PETITIONER: ------------------------------------------ JITHIN U K AGED21YEARS S/O.ACHUTHAN, OLAKKARAN HOUSE, KOLUMMAL HOUSE VIA.KARIVELLUR, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN COMPLAINANT(S)/RESPONDENTS/STATE: ------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -682 031.
2. THE STATION HOUSE OFFICER (CRIME NO.128/2014 OF PAYYANNUR POLICE STATION) KANNUR DISTRICT - 670 001. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2603-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2105 of 2014 (C) ------------------------------------------ Dated this the 26th day of March, 2014 ORDER
The petitioner is the accused in Crime No.128/2014 of Payyannur Police Station. Offences alleged are under sections 452, 323 and 324 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is stated that the complainant had questioned the accused as he had caused annoyance to her sister. The accused got infuriated as the complainant happened to question him. Hence on 6.2.2014 at 7.30 pm, he trespassed into the house of the complainant, caught hold of her and dragged her and beat her with a torch and thus inflicted injuries on her. According to the prosecution, offence under section 354 of IPC would also be attracted. B.A. No.2105/2014 (C) -2- 3. The learned counsel for the petitioner submits that the accused had intervened, when the defacto complainant and her husband were seen quarelling. The accused is their neighbour and so false case has been lodged.
4. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) 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 B.A. No.2105/2014 (C) -3- 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 petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any B.A. No.2105/2014 (C) -4- 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 petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. g. The petitioner shall not directly or indirectly contact the complainant nor shall he enter anywhere near the complainant's house. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj