Kerala High Court
Stelloustor vs State Of Kerala Rep By Public ... on 14 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
BAIL APPL. NO. 2870 OF 2022
CRIME NO. 233 OF 2022 OF KUNDARA POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.2:
SAJU
AGED 41 YEARS
S/O YESUDASAN,
CHARUVIL MELATHIL, KOTTAPPURAM,
MULAVANA P.O, KUNDARA, KOLLAM DISTRICT
, PIN - 691503
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
HARSHA SUSAN SAM
GEETHU KRISHNAN
SABIKH MOHAMMED V.S
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
POLICE STATION OF KUNDARA,
KOLLAM DISTRICT
, PIN - 691501
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.07.2022, ALONG WITH Bail Appl..1976/2022, 2284/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NOs. 2870 of 2022, 2284 of 2022
& 1976 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
BAIL APPL. NO. 1976 OF 2022
CRIME NO. 233 OF 2022 OF KUNDARA POLICE STATION, KOLLAM
PETITIONERS/ACCUSED NO.3 TO 5:
1 RONY ISSAC
AGED 27 YEARS, S/O.ISSAC,
NIRMALA BHAVAN, KANJIRACODU, MULAVANA, KOLLAM,
PIN - 691501
2 AKHIL RAJ @ KUKKU
AGED 29 YEARS, S/O. RAJU,
KALELUVILA PUTHEN VEEDU, KANDIRACODE, KUNDARA,
MULAVANA, PIN - 691501
3 JOMON A
AGED 21 YEARS, S/O. ANILKUMAR,
CHARUVILA VEEDU, NANTHIRIKKAL, VELLIMON. P.O,
PERINAD, KOLLAM PIN - 691511
BY ADVS.
V.JOHN SEBASTIAN RALPH
VISHNU CHANDRAN
RALPH RETI JOHN
APPU BABU
SHIFNA MUHAMMED SHUKKUR
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT
OF KERALA
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH Bail Appl..2870/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.NOs. 2870 of 2022, 2284 of 2022
& 1976 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
BAIL APPL. NO. 2284 OF 2022
CRIME NO. 233 OF 2022 OF KUNDARA POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.1:
STELLOUSTOR
AGED 47 YEARS
S/O NEPPOLIYAN, PARADISE,
KANJIRACODE, MULAVANA P.O,
KUNDARA-, PIN - 691503
BY ADVS.
M.R.SASITH
R.K.CHIRUTHA
RAJITHA V.K
PREETI S.
BHAVANA K.K
RESPONDENT/STATE:
STATE OF KERALA REP BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH Bail Appl..2870/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.NOs. 2870 of 2022, 2284 of 2022
& 1976 of 2022
4
BECHU KURIAN THOMAS, J.
-----------------------------------------
B.A.NOs. 2870 of 2022,
2284 of 2022
& 1976 of 2022
----------------------------------------
Dated this the 14th day of July, 2022
ORDER
This is an application for pre-arrest bail under Section 438 of
the Code of Criminal Procedure, 1973.
2. Petitioners in these three bail applications are accused 1 to
5 in Crime No.233 of 2022 of Kundara Police Station, Kollam
alleging offences under Sections 452, 294(b), 427, 323, 324 r/w
Section 34 of the Indian Penal Code, 1860. Petitioner in
B.A.No.2870/2022 is the first accused, petitioner in
B.A.No.2284/2022 is second accused, and petitioners in
B.A.No.1976/2022 are accused 3,4, and 5 in the aforesaid crime.
3. The prosecution case is that the accused trespassed into
the house of the defacto complainant on 05.02.2022 at 10.45 pm,
armed with dangerous weapons and attacked the defacto
complainant and her son on the chest and forehead and thereby
committed the offences alleged against them.
4. Sri.M.R.Sasith, Sri.Manu Ramachandran and Sri.John
Sebastian Ralph appearing for the respective petitioners submitted
that the entire prosecution case is false and that the petitioners are
innocent of the allegations. It was further pointed out that though
B.A.NOs. 2870 of 2022, 2284 of 2022
& 1976 of 2022
the incident is alleged to have occurred on 05.02.2022, the FIR
was registered only on 09.02.2022 which itself indicates an
afterthought as well as an attempt to register a false complaint
against the petitioners. It was submitted that in view of the above
crucial circumstance, petitioners ought to be granted the benefit of
pre-arrest bail, especially since no serious injuries as alleged had
been noticed.
5. Sri. Noushad K.A, the learned Public Prosecutor opposed
the grant of anticipatory bail and submitted that petitioners had
trespassed into the house of the defacto complainant causing great
alarm as well as injury and therefore granting the protection of
pre-arrest bail would prejudice the investigation. It was further
submitted that the custodial interrogation of the petitioners are
essential considering the nature of allegations.
6. On a perusal of the records in the case, I notice that
though the incident is alleged to have occurred on 05.02.2022, the
crime was registered only on 09.02.2022. The wound certificates
reveal that the alleged injuries inflicted on the defacto complainant
and her son are not serious injuries.
7. Having regard to the aforesaid factors, I am of the view
that the limited interrogation of the petitioners alone would suffice
as contemplated under judgment in Sushila Agarwal v. State
(NCT of Delhi) and Another [(2020) 5 SCC 1].
B.A.NOs. 2870 of 2022, 2284 of 2022
& 1976 of 2022
Accordingly, this application is allowed on the following
conditions:
(i) Petitioners shall appear before the Investigating
Officer on 21.07.2022 an 22.07.2022 and shall
subject himself to interrogation.
(ii) If after interrogation, the Investigating Officer
proposes to arrest the petitioners, then, they shall
be released on bail on them executing a bond for
Rs.50,000/-(Rupees fifty thousand only) with two
solvent sureties each for the like sum before the
Investigating Officer.
(iii) Petitioners shall appear before the Investigating
Officer as and when required and shall also co-
operate with the investigation.
(iv) Petitioners shall not intimidate or attempt to
influence the witnesses; nor shall they tamper with
the evidence or contact the victim or her family
members;
(v) Petitioners shall not commit any offence while
they are on bail.
(vi) Petitioners 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
B.A.NOs. 2870 of 2022, 2284 of 2022
& 1976 of 2022
any, and pass appropriate orders in accordance with the law,
notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
15/7/22
