Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 23RD DAY OF FEBRUARY 2023/4TH PHALGUNA, 1944 BAIL APPL. NO. 1054 OF 2023 CRIME NO.1350/2022 OF KALAMASSERY POLICE STATION PETITIONER/S: JUNAID V T AGED 27 YEARS S/O RESEELA, VP HOUSE, CHALIN TEMPLE GATE, THALASSERY, KANNUR DISTRICT- 670101, NOW RESIDING AT A RENTED HOUSE OF SERABI, NEAR MUSLIM CHURCH, MUCHAKKAL ROAD, MAHI, PIN - 673311 BY ADV P.A.MUJEEB RESPONDENT/S: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ADV C S HRITHWIK -SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
ORDER
Dated this the 23rd day of February, 2023 The petitioner is the accused in Crime No.1350/2022 of Kalamassery Police Station. The offences alleged against the petitioner are punishable under Sections 354,354(D)(1)(i), 506(ii) of the Indian Penal Code.
2. The prosecution case is that on 02.12.2022 at 10.20
a.m., the accused, with an intention to outrage the modesty of the defacto complainant, followed her, attempted to slap her and also threatened her. The crime was registered in such circumstances. The petitioner was arrested on 02.12.2022. Since then, he is under judicial detention.
3. The learned counsel for the petitioner submits that
the petitioner is innocent of all the allegations. It is contended that the petitioner is falsely implicated in the said case due to some other disputes with the defacto complainant.
4. On the other hand, the learned Public Prosecutor submits that earlier, the petitioner was implicated as an :3 :
accused in Crime No.385/2022 of Kalamassery Police Station, wherein similar allegations were raised against the petitioner. There also, the victim was the defacto complainant herein. In the said case, the petitioner was released on bail subject to certain conditions, including that the petitioner shall not involve in any offence of similar nature. The crime, which is the subject matter of this case, was registered in connection with an act allegedly committed by the petitioner while on bail in the earlier
crime. The learned Public Prosecutor also points out that consequent to the same, the bail granted to the petitioner was cancelled by this Court as evidenced by Annexure-A2 order. In such circumstances, it was contended that if the petitioner is released on bail at this stage, he is likely to influence or intimidate the witness, which would adversely affect the progress of the investigation.
5. I have gone through the records and heard the
contentions raised from either side. As rightly pointed out by the learned Public Prosecutor, this is the second instance in which the petitioner gets involved in an offence of similar nature and the victim in both cases are the same. On going through :4 : the Annexure-A2 order passed by this Court, it is evident that the violation of bail conditions was found by this Court and consequently, bail granted to the petitioner on an earlier
occasion was cancelled. In such circumstances, as the antecedents of the petitioner clearly indicate that the petitioner is in the habit of intimidating the witnesses, it may not be proper to release the petitioner on bail at this stage, as the investigation is now in progress. In such circumstances, I do not find this as a fit case in which bail can be granted to the petitioner.
Accordingly, this bail application is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :5 : APPENDIX OF BAIL APPL. 1054/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER IN CMP NO.96/2023 DATED 19/01/2023 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY Annexure A2 TRUE COPY OF THE JUDGMENT IN CRL M A NO. 3/2022 DATED 08/11/2022 OF THIS HON'BLE COURT