Sujith Krishna, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Mar 19, 2024

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Citation: sooperkanoon.com/1316569
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Mar 19, 2024
Case Number: Bail Appl./2189/2024

Parties & Advocates

Appellant / Petitioner

Sujith Krishna,

Respondent

State of Kerala,

Excerpt

.....of pettah police station, thiruvananthapuram registered under sections 294(b), 323, 448, 506 and 354 of ipc.2. the prosecution allegation is that, on 27/2/2024 at about6.00 pm, the petitioner with his intention to outrage the modesty of the defacto complainant trespassed into the shop of her daughter, shouted abusive words, and criminally intimidated her, and threatened her with death. thereafter, the petitioner snatched away her mobile phone, and when she defended, he twisted her arm causing injury to her.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor vehemently opposed the bail application stating that, the petitioner is a habitual offender, and if he is released on bail, it may cause threat even to the life of the complainant. bail appl. no.2189 of 2024 35. the learned additional chief judicial magistrate,thiruvananthapuram while dismissing the bail application filed by the petitioner as per order in cmp no.648/2024 has stated that, the petitioner/accused is having criminal antecedents, and details of about 19 other cases are reported.6. in the report filed by the investigating officer before thiscourt also 8 crimes are reported against him, and crimes are seen registered against him in the year 2022, 2023 and 2024 etc.. so obviously, he has got a tendency to involve in criminal cases regularly, and if he is released on bail at this stage, there is every chance for influencing or intimidating the witnesses or to tamper with the process of investigation.7. learned public prosecutor would submit that,investigation is only at the initial stage. petitioner was arrested and remanded to judicial custody only on 28/2/2024. so at this stage, this court is not inclined to release him on bail. hence, this bail application is dismissed. sd/- sophy thomas judge ska bail appl. no.2189 of 2024 4 appendix of bail appl. 2189/2024 petitioner annexuresannexure a1 copy of the order in cmp no. 684/2024 dated .....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 19TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 BAIL APPL. NO. 2189 OF 2024 CRIME NO.239/2024 OF Petta Police Station, Thiruvananthapuram PETITIONER/ACCUSED: SUJITH KRISHNA, AGED 50 YEARS S/O. THULASEEDHARAN, SOORYAMANGALATHU VEEDU, NEAR VAYANASALA JUNCTION,KARIKKAKOM WARD, KADAKAMPALLY ,VILLAGE,THIRUVANANTHAPURAM, PIN - 695029 BY ADVS. R.HARIKRISHNAN (H-308) G.SUDHEER SMRITHI S.S. RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR.PP-SRI.RENJIT GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO.2189 OF 2024 2

ORDER

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.239/2024 of Pettah Police Station, Thiruvananthapuram registered under Sections 294(b), 323, 448, 506 and 354 of IPC.

2. The prosecution allegation is that, on 27/2/2024 at about

6.00 pm, the petitioner with his intention to outrage the modesty of the defacto complainant trespassed into the shop of her daughter, shouted abusive words, and criminally intimidated her, and threatened her with death. Thereafter, the petitioner snatched away her mobile phone, and when she defended, he twisted her arm causing injury to her.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor vehemently opposed the bail application stating that, the petitioner is a habitual offender, and if he is released on bail, it may cause threat even to the life of the complainant. BAIL APPL. NO.2189 OF 2024 3

5. The learned Additional Chief Judicial Magistrate,

Thiruvananthapuram while dismissing the bail application filed by the petitioner as per order in CMP No.648/2024 has stated that, the petitioner/accused is having criminal antecedents, and details of about 19 other cases are reported.

6. In the report filed by the investigating officer before this

Court also 8 crimes are reported against him, and crimes are seen registered against him in the year 2022, 2023 and 2024 etc.. So obviously, he has got a tendency to involve in criminal cases regularly, and if he is released on bail at this stage, there is every chance for influencing or intimidating the witnesses or to tamper with the process of investigation.

7. Learned Public Prosecutor would submit that,

investigation is only at the initial stage. Petitioner was arrested and remanded to judicial custody only on 28/2/2024. So at this stage, this court is not inclined to release him on bail. Hence, this bail application is dismissed. Sd/- SOPHY THOMAS JUDGE ska BAIL APPL. NO.2189 OF 2024 4 APPENDIX OF BAIL APPL. 2189/2024 PETITIONER ANNEXURES

Annexure A1          COPY OF THE ORDER IN CMP NO. 684/2024 DATED
                     4.3.2024   BY   ADDITIONAL   CHIEF   JUDICIAL
Annexure A2          COPY OF THE ORDER IN CMP NO. 757/2024 DATED

12.3.2024 OF THE ADDITIONAL CHIEF JUDICIAL

Same Court & Year Kerala Orders · 2024 Same Parties Sujith Krishna, vs State of Kerala, Same Judge Honourable Mrs. Justice Sophy Thomas