Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 CRIME NO.265/2020 OF Vizhinjam Police Station, Thiruvananthapuram PETITIONER/ACCUSED: ANEESH AGED 25 YEARS S/O LAURENCE REENA HOUSE, JUBILEE NAGAR, AMBALATHUMOOLA ADIMALATHURA KUTTUKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN-695521 BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKAULAM, PIN-682031 AJITH MURALI- P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 29th day of January 2021 Application for regular bail. The petitioner, who is the 10th accused in Crime No.265/2020 of Vizhinjam Police Station registered for the offences punishable under Sections 143, 147, 148, 149, 294(b), 341, 323, 324, 353, 332, 354, 452 and 506 (ii) r/w 149 of the Indian Penal Code, has come up with petition for his release on bail.
2. The petitioner has been in custody since 07.01.2021.
3. The prosecution allegation is that on 02.02.2020, this
petitioner along with the other accused have formed themselves into an unlawful assembly armed with deadly weapons trespassed into the residential house of the defacto complainant and assaulted her and the 2nd accused with the intention to outrage her modesty caught hold of her hair and tried to remove her dress by force and also misbehaved to her. On receipt of the information from the defacto complainant, the police of Vizhinjam Police Station rushed to the spot but they were restrained by the petitioner with the intention to deter them from discharging their official duties and
thereby committed the aforesaid offences.
4. The learned counsel for the petitioner would submit that he is absolutely innocent in this matter. But he is undergoing judicial custody for almost one month.
5. The learned Public Prosecutor would submit that except this petitioner no one has been arrested till date but the investigation is going on.
6. This petitioner is aged only 25 years and he has no criminal antecedents. No specific over tact is attributed against this
petitioner. Hence, having regard to the nature of the accusations levelled against him, the duration of judicial custody undergone by him and the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his
executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall 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.
(iv) The petitioner shall not commit any offence while
on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE mpm