Shinoj S. L vs State Of Kerala
2023 Latest Caselaw 11047 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                     BAIL APPL. NO. 8466 OF 2023
AGAINST THE ORDER/JUDGMENT FIR 890/2023 OF JUDICIAL MAGISTRATE
                      OF FIRST CLASS ,PAYYANNUR
    (CRIME NO.890/2023 OF PERINGOME POLICE STATION, KANNUR)
PETITIONERS/ACCUSED NOS.1 AND 2

    1        SHINOJ S. L
             AGED 38 YEARS
             S/O. RAMACHANDRAN SWAMIMADATHIL, KANKOL P. O,
             PAYYANNUR,KANNUR, PIN - 670307
    2        NAVAS
             AGED 36 YEARS
             S/O. MUHAMMED KUNHI, PATTUVATHUKIZHAKKEPURAYIL,
             CHOORAL, MAANHIL P. O, PAYYANNUR, KANNUR, PIN -
             670307
             BY ADVS.
             SREEKANTH S.NAIR
             SANDEEP P JOHNSON

RESPONDENT

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031
OTHER PRESENT:

             SMT. T.V. NEEMA, SR. PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 8466 of 2023
                                   2



                     MOHAMMED NIAS C.P, J.
                  ---------------------------------------------
                     B.A. No.8466 of 2023
           ------------------------------------------------------
           Dated this the 26th day of October, 2023


                            ORDER

Apprehending arrest in Crime No.890 of 2023 of

Peringome police station registered for offences under Sections

448, 294(b), 324, 427, 384 read with Section 34 of IPC, the

accused, Nos.1 and 2, have filed this petition seeking pre-arrest

bail.

2. The prosecution allegation is that, on 08.08.2023 at

about 4. p.m., the petitioners trespassed into the courtyard of the

house of the defacto complainant at Thandanattu Poyil,

Perinthatta, and the 1st accused showered obscene words

against her husband and thrown a wooden stick and caused

injury. The 2nd accused threw the mobile phone, causing a loss

of Rs.12,000/- and further committed theft of a scooter from the

courtyard of her house. The accused have, therefore, committed

the aforesaid offences.

3. The learned counsel appearing for the petitioners and

the learned Public Prosecutor were heard. B.A. No. 8466 of 2023

4. The learned counsel for the petitioners submits that

they are falsely implicated in the case.

5. Taking into account the fact that the defacto

complainant did not make any complaint and that the alleged

injuries are not so serious, I am inclined to grant anticipatory bail

only to the 1st petitioner/1st accused as the 2nd petitioner/2nd

accused has several criminal antecedents reported against him

including under Section 376 of IPC. In such circumstances, the

application with respect to the 2nd petitioner/2nd accused

stands dismissed. The first petitioner is granted anticipatory bail

on the following conditions:-

1. 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 his arrest, the Investigating officer

shall produce the petitioner before the jurisdictional court on

the date of surrender itself.

2. 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 B.A. No. 8466 of 2023

petitioner and by two solvent sureties each for the like sum to

the satisfaction of the jurisdictional court.

3. The petitioner shall cooperate with the investigation

and make himself available for interrogation and investigation

as and when the Investigating Officer directs him to do so.

4. The petitioner shall not intimidate the witnesses or

interfere with the Investigation in any manner.

5. The petitioner shall not be involved in any offence

while on bail.

6. If any of the above conditions are violated, the court

concerned will be empowered to take steps for cancellation

of bail as per law.

The bail application is allowed in part accordingly.

Sd/-

                                           MOHAMMED NIAS C.P

smm                                                  JUDGE
 B.A. No. 8466 of 2023




                APPENDIX OF BAIL APPL. 8466/2023

PETITIONER ANNEXURES
Annexure A1       TRUE COPY OF THE FIR NO. 890/2023
                  DATED 09.08.2023 .
Annexure A2       TRUE COPY OF ORDER IN CRL. M.C NO.
                  1772/2023 DATED 14. 09. 2023 IN
                  SESSION COURT, THALASSERY .