Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 CRIME NO.346/2021 OF PARIPPALLY POLICE STATION, KOLLAM DISTRICT PETITIONER/ACCUSED: AJEESH AGED 24 YEARS S/O.ANIL KUMAR, KOLAYIL VEEDU, ESI JUNCTION, PAMPURAM CHERRY, PARIPPALLY, KOLLAM DISTRICT. BY ADV P.ANOOP (MULAVANA) RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SMT. SEETHA .S. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail.
2. The petitioner is the accused in Crime No.346 of
2021 of Parippally Police Station, Kollam District, alleging commission of offences under Sections 323, 325, 354 and 308 of the Indian Penal Code. The allegation against the petitioner is that owing to previous enmity with the de-facto complainant and her husband, he followed them when they were travelling on a motor cycle and knocked them down with a lorry being driven by him and thereafter, attempted to disrobe the de- facto complainant with an intend to outrage her modesty and thereby the petitioner committed the offences under the aforesaid provisions of law.
3. The learned counsel for the petitioner submits that
there have been earlier disputes between the petitioner and the husband of the de-facto complainant and the registration of Crime No.346 of 2021 of Parippally Police Station was only to settle some other disputes between the petitioner and the husband of the de-facto complainant. It is submitted that the petitioner had no occasion to knock down the de-facto
complainant and her husband or outrage the modesty of the de-facto complainant in any manner. The petitioner is in custody from 12.11.2021 and the continued detention of the petitioner is not necessary for the proper investigation into the matter, is the submission of the learned counsel for the petitioner.
4. The learned Public Prosecutor, on instructions,
submits that there are several injuries including a fracture on one of the finger of the de-facto complainant. He submitted that the medical report of the de-facto complainant and her husband will suggest that the allegations against the petitioner are correct and true. It is submitted that the investigation is progressing and the grant of bail at this stage may affect the progress of investigation.
5. Having regard to the facts and circumstances of the
case and considering the fact that the petitioner has been in custody from 12.11.2021 and considering the fact that the continued detention of the petitioner may not necessary for a proper investigation into Crime No.346 of 2021 of Parippally Police Station, Kollam District, I am of the view that the petitioner can be granted bail, subject to conditions.
6. In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:
(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(2) Petitioner shall appear before the investigating officer in Crime No.346 of 2021 of Parippally Police Station, Kollam District, on every Saturday at 11 am until further orders;
(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.346 of 2021 of Parippally Police Station, Kollam District;
(4) The petitioner shall surrender his passport before the Jurisdictional Court;
(5) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.346 of 2021 of Parippally Police Station, Kollam District, may file an application before the Jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE DK