Bail Application No.2742 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
BAIL APPL. NO. 2742 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 658/2022 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - V, THIRUVANANTHAPURAM / II ADDITIONAL MACT
(CRIME NO.271/2022 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM)
PETITIONER/S:
1 AJITHKUMAR S
AGED 22 YEARS
S/O. SUNDARESAN, NALUMUKKU,
MOONUMUKKU, THIRUVANANTHAPURAM - 695 609.
, PIN - 695609
2 ANANDAKRISHNAN
AGED 22 YEARS
S/O RADHAKRISHNAN
SANANTHA BHAVAN, MARANADU P.O., KOLLAM, PIN : 691 505., PIN
- 691505
3 AADITH A.J
AGED 24 YEARS
S/O. JAYASREE K.B.,
CHERUPARAMBU, NEAR OOTUTUPARAMBU,
KADAKKAVOOR P.O., THIRUVANANTHAPURAM - 695 306
, PIN - 695306
4 HARKISH SREETHU V.S.
AGED 22 YEARS
S/O. SHADANANDAN V.S.,
VIDAKKARA HOUSE, P.O. NORTH PARAVUR, PIN : 683 513, PIN -
683513
BY ADVS.
K.JANARDHANA SHENOY
N.SATHEESH
RESPONDENT/S:
1 STATE OF KERALA
Bail Application No.2742 of 2022
2
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN
- 682031
2 THE STATION HOUSE OFFICER
MUSEUM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT - 682 015.
, PIN - 682015
OTHER PRESENT:
PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Application No.2742 of 2022
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BECHU KURIAN THOMAS, J.
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B.A.No.2742 of 2022
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Dated this the 24th day of June, 2022
ORDER
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners are the accused Nos.1 to 4 in Crime No.271/2022 of Museum Police Station, Thiruvananthapuram City. The offences alleged against the petitioners are under Sections 341, 323, 294(b), 324, 354 and 506 of the Indian Penal Code, 1860.
3. The prosecution case is that petitioners and other co- accused totalling 12 in number, who are the students of Thiruvananthapuram Law College and members of Students Federation of India, assaulted the defacto complainant and the KSU Unit President, who is a lady and attempted to disrobe her by pulling the sari worn by her, with an intention to outrage her modesty, and thereby committing the offences alleged against them.
4. Sri.N.Satheesh, learned Counsel for the petitioner vehemently contended that the entire prosecution case is false and all what had happened, was a minor scuffle, from which, due to Bail Application No.2742 of 2022 4 political rivalry, the allegations are being raised. It is also pointed out that at the initial stage itself, neither the defacto complainant, nor the victim had any allegation of outraging the modesty. However, for ulterior purposes, the offence under Section 354 of the IPC have been subsequently inserted.
5. Sri.K.A.Noushad, learned Public Prosecutor opposes the grant of bail and alleged that the offences against the petitioners are serious in nature.
6. On a perusal of the statement of the victim, this Court notices that specific overt act of outraging the modesty of the victim has been alleged against the 3rd petitioner. However, no such specific acts coming within the purview of Section 354 IPC are attributed as against petitioners 1,2, and 4 either in the FIR or in the statement of the victim.
7. Taking into consideration the statement of the victim, and the nature of the allegation, I am satisfied that petitioners 1, 2 and 4 are entitled for anticipatory bail, provided they surrender before the Investigating Officer on 01.07.2022. If petitioners 1,2, and 4 surrender as directed above, they shall be released on pre-arrest bail subject to the conditions stipulated in this judgement. Bail Application No.2742 of 2022 5
8. As far as the 3rd petitioner is concerned, in view of the nature of allegations levelled against him specifically, I am not inclined to allow this application. Accordingly, this bail application, as far as 3rd petitioner is concerned, is dismissed.
Accordingly, this application as relating to petitioners 1, 2, and 4 are allowed on the following conditions:
(i) Petitioners 1, 2, and 4 shall appear before the Investigating Officer on 30.06.2022 and shall subject himself to interrogation.
(ii) If after interrogation, the Investigating Officer proposes to arrest the said petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum.
(iii) Petitioners 1, 2, and 4 shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.
(iv) Petitioners 1, 2, and 4 shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or their family members;
Bail Application No.2742 of 2022 6
(v) Petitioners 1, 2, and 4 shall not commit any offence while he is on bail.
(vi) Petitioners 1, 2, and 4 shall not leave India without the permission of the Court having jurisdiction. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
sd/ BECHU KURIAN THOMAS JUDGE jm/ Bail Application No.2742 of 2022 7 APPENDIX OF BAIL APPL. 2742/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO. 271 OF 2022 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM CITY Annexure II A TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO. 272 OF 2022 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM CITY Annexure III A TRUE COPY OF THE WRITTEN COMPLAINT DATED 15-
3-2022 GIVEN BY THE DE-FACTO COMPLAINANT Annexure IV A TRUE COPY OF THE ORDER OF LEARNED SESSIONS COURT, THIRUVANANTHAPURAM DATED 30-3-2022 IN CRL. M.C. 658/2022.