Kerala High Court
Ajmal vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 2536 OF 2023
AGAINST THE ORDER/JUDGMENT IN CRL.MP NO.5612/2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR
(CRIME NO.168/2023 OF NEDUPUZHA POLICE STATION,
THRISSUR DISTRICT)
PETITIONER/ACCUSED:
AJMAL,
AGED 26 YEARS
S/O SUDHEER, THAIVALAPAIL HOUSE,
PALAKKAL DESOM, PALAKKAL VILLAGE,
THRISSUR, PIN - 680007
BY ADVS.
VINAY RAMDAS
K.B.ANAMIKA
RESPONDENTS/ STATE OF KERALA
AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 XXX
AGED 26 YEARS
XXXX XXXXXXX, PIN - 680007
BY
ADV C S HRITHWIK -SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 2536/2023
..2..
ORDER
Dated this the 13th day of April, 2023
This application is filed u/s 439 of the Code of Criminal
Procedure seeking regular bail.
2. The applicant is the accused in Crime No.168/2023
of Nedupuzha Police Station, Thrissur District. The offences
alleged are punishable under Sections 342 and 354 A of the
Indian Penal Code.
3. The prosecution case, in short, is that on
22/02/2023 at 12.30 P.M., the applicant outraged the modesty
of the victim by holding her and attempting to kiss her at the
gym run by him and thereby committed the offence.
4. I have heard Sri.Vinay Ramdas, the learned counsel
for the applicant and Sri.C.S.Hrithwik, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the
present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
B.A. No. 2536/2023
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hence, he is entitled to get bail. On the other hand, the
learned Public Prosecutor submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
10/03/2023. The investigation is almost over. Even though
applicant has a criminal antecedent, he has been granted
anticipatory bail in that case. For all these reasons, I do not
find any reason to hold that the continued detention of the
applicant is required for any purpose. Hence, the applicant is
entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail on executing
a bond for Rs.1,00,000/- (Rupees One lakh only) with two
solvent sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
(iii) The applicant shall appear before the investigating
B.A. No. 2536/2023
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officer between 10.00 a.m and 11.00 a.m. every Saturday
until further orders. He shall also appear before the
investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like
nature while on bail.
(v) The applicant shall not attempt to contact any of
the prosecution witnesses, directly or through any other
person, or in any other way try to tamper with the evidence or
influence any witnesses or other persons related to the
investigation.
(vi) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
the bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
