Kerala High Court
Biju K.K vs State Of Kerala on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
BAIL APPL. NO. 6445 OF 2021
CRIME NO.817/2021 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CRMC 935/2021 OF DISTRICT COURT &
SESSIONS COURT,KOZHIKODE, KOZHIKODE
PETITIONER/S:
BIJU K.K.
AGED 30 YEARS
S/O.KUNHIKKANNAN,
KAKKATTUTHAZHEKUNI HOUSE,
CHEMMARATHUR, KOTTAPPALLY,
VATAKARA, KOZHIKKODE DISTRICT,
PIN - 673 104.
BY ADVS.
ZUBAIR PULIKKOOL
K.M.RAMADAS
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6445 OF 2021
2
ORDER
Petitioner is the 2nd accused in Crime No. 817 of 2021 of
Vatakara Police Station, Kozhikode District, registered under
Sections 341, 323, 354 and 294(b) r/w 34 of the IPC.
2. It is alleged that on 03.08.2021 at about 17.45 hrs., while the
defacto complainant and her husband were proceeding in a motor
cycle and reached at temple road at Chemmarathur, the petitioner
along with the 1st accused wrongfully restrained the defacto
complainant and her husband and slapped her husband. They also
caught hold of the hands of the defacto complainant, pushed her
down, hold on her chest and also abused them using obscene words.
Apprehending arrest petitioner approached this Court.
3. The learned counsel for the petitioner would contend that
this is a falsely foisted case. Actually the motor cycle ridden by the
husband of defacto complainant hit against another vehicle and there
BAIL APPL. NO. 6445 OF 2021
was some altercation and petitioner intervened and pacified them.
Out of the same, this case has been falsely foisted against the
petitioner.
4. The learned Public Prosecutor vehemently objected in
considering the application. According him, the petitioner has very
close acquaintance with the 1st accused, who is involved 20 other
crimes. It is also the contention of the learned Public Prosecutor that
people in that locality is afraid of the 1st accused.
5. The report filed the Sub Inspector of Police, Vatakara Police
Station also states that the investigation made so far reveals the
commission of offence by the petitioner and he also strongly objects
in considering the bail application.
6. The incident occurred during night at about 17.45 hrs., while
the defacto complainant and husband were travelling in a Motor
Cycle. In the said circumstances and in view of the serious nature of
the offence alleged to have been committed by the petitioner along
BAIL APPL. NO. 6445 OF 2021
with the 1st accused, who is involved in several crimes, I didn't think
that this is a fit case to grant anticipatory bail to the petitioner.
Custodial interrogation will also be necessary.
7. Hence, petitioner has not made out a case for pre-arrest bail.
In the result, petition stands dismissed.
Sd/-
M.R.ANITHA
JUDGE
avs
