Kerala High Court
Sujaya Parvathy vs State Of Kerala on 8 December, 2023
B.A.No.10249/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA,
1945
BAIL APPL. NO. 10249 OF 2023
CRIME NO.2062/2023 OF THRIKKAKARA POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED NO.2:
SUJAYA PARVATHY, AGED 35 YEARS,
REPORTER CHANEL, STUDIO, KALAMASSERY,
THRIKKAKARA NORTH VILLAGE, KARALA, PIN - 682021.
BY ADV.SRI.B.RAMAN PILLAI (SR.) ALONG WITH
ADVS.M/S.R.ANIL, SUJESH MENON V.B., THOMAS SABU
VADAKEKUT, MAHESH BHANU S., S.LAKSHMI SANKAR &
RESSIL LONAN
RESPONDENTS/STATE & INVESTIGATING OFFICER:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 THE SUB INSPECTOR OF POLICE,
THRIKKAKARA POLICE STATION, ERNAKULAM CITY, PIN
- 682030.
SMT. T.V. NEEMA, SR.P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.10249/2023
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MOHAMMED NIAS C.P., J.
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B.A.No.10249/2023
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Dated this the 8th day of December, 2023
ORDER
This application is filed under Section 438 of the Code of Criminal
Procedure, seeking pre-arrest bail.
2. The petitioner is the 2nd accused in Crime No.2062/2023 of
Thrikkakara Police Station, Ernakulam District, for having allegedly
committed offences punishable under Sections 153, 153A and 34 of the
Indian Penal Code.
3. The prosecution case is that the crime was registered at 23.16 hrs
on 31-10-2023 by the Sub Inspector, upon an e-mail communication from
the Deputy Commissioner of Police, Law and Order, Ernakulam City
forwarding a complaint of Sri. Yasir Arafat, Marottikal house, Rock Well
road, Pallilankara, Kalamassery and the allegation against the petitioner
who is the 2nd accused in the FIR is that she, to cause an atmosphere of
religious disharmony, had propagated rumours through the 1st accused
about the bomb blast at Kalamassery, Ernakulam on 29-10-2023 morning
at about 9.37 am, with the Israel - Palestine incident and Muslims and
thereby attempted communal segregation through the 1st accused and
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thereby committed the aforesaid offences.
4. The learned counsel appearing for the petitioner and the learned
Public Prosecutor were heard.
5. This Court passed an order on 15/11/2023 directing the petitioner
to appear before the investigating officer on 22/11/2023. Accordingly, she
had appeared before the investigating officer. The report filed by the
Public Prosecutor also shows that she had surrendered and her statement
was taken. Taking into account the fact that she is cooperating with the
investigation, I do not think that the custodial interrogation of the
petitioner is required.
Accordingly, this application is allowed, and the petitioner granted
bail subject to the following conditions:-
(i) The petitioner is directed to surrender before the Investigating
Officer within a week from today, and on such surrender, the
Investigating Officer can interrogate the petitioner. In the event of her
arrest, the Investigating officer shall produce the petitioner before the
jurisdictional court on the date of surrender itself.
(ii) On such production, the jurisdictional court shall release the
petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty
five thousand only) by the petitioner and by two solvent sureties each for
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the like sum to the satisfaction of the jurisdictional court.
(iii) The petitioner shall cooperate with the investigation and make
herself available for interrogation and investigation as and when the
Investigating Officer directs her to do so.
(iv) The petitioner shall not intimidate the witnesses or interfere
with the Investigation in any manner.
(v) The petitioner shall not be involved in any offence while on bail.
If any of the above conditions are violated, the court concerned will
be empowered to take steps for cancellation of bail as per law.
It is made clear that it is within the power of police to investigate
the matter and if necessary to effect recoveries on the information if any
given by the petitioner, even when the petitioner is on bail as per the
judgment of the Apex Court in Sushila Aggarwal and others V. State
( NCT of Delhi) and another [2021 (1) KHC 663].
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
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APPENDIX OF BAIL APPL.NO.10249/2023
PETITIONER'S ANNEXURES:
ANNEXURE-1 THE TRUE COPY OF THE FIRST INFORMATION
REPORT NO.2062/2023 OF THRIKKAKARA
POLICE STATION DATED 31-10-2023
ANNEXURE-2 TRUE COPY OF THE COMPLAINT DATED 29-
10-2023 OF YASIR ARAFATH TO THE DEPUTY
COMMISSIONER OF POLICE, ERNAKULAM
ANNEXURE-3 TRUE COPY OF THE COMMUNICATION OF THE
1ST ACCUSED DATED 10-11-2023 TO THE
SECOND RESPONDENT
ANNEXURE-4 TRUE COPY OF THE NOTICE OF THE SECOND
RESPONDENT/ INVESTIGATING OFFICER
DATED 7-11-2023.
ANNEXURE-5 THE TRUE COPY OF THE REPLY DATED 10-
11-2023 OF THE PETITIONER TO THE
SECOND RESPONDENT
ANNEXURE-6 TRUE COPY OF THE TRANSCRIPTION OF THE
ALLEGED VISUAL BROADCAST BY THE 1ST
ACCUSED ON 29-10-2023
