Kerala High Court
Midhun vs State Of Kerala on 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
BAIL APPL. NO. 10921 OF 2023
CRIME NO.1000/2023 OF Kozhikode Town Police Station,
Kozhikode
AGAINST THE ORDER/JUDGMENT CRMC 1892/2023 OF DISTRICT
COURT & SESSIONS COURT,KOZHIKODE
PETITIONER/ACCUSED 1 AND 2:
1 MIDHUN,
AGED 23 YEARS
S/O.SASIDHARAN, RESIDING AT ADUVATTIL,
THIRUVONAM, CHELANNUR, KOZHIKODE, PIN - 673616
2 VYSAKH M.,
AGED 26 YEARS
S/O.MURALEEDHARAN, RESIDING AT KARUNA,
NAMBUKUNNATHARA, CHELANNUR, KANNANKARA,
KOZHIKODE DISTRICT, PIN - 673616
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP-SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.10921/2023
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SOPHY THOMAS, J
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Bail.Appl.No.10921 of 2023
==========================
Dated this the 1st day of February, 2024
ORDER
This is an application for anticipatory bail under Section
438 of CrPC filed by accused nos 1 and 2 in Crime
No.1000/2023 of Town Police Station, Kozhikode, registered
under Sections 354, 323, 324 read with Section 34 of IPC.
2. The prosecution allegation is that, on 19.10.2023 at
6.30 PM, while the de-facto complainant and her friend were
enjoying beer in the ground floor of Beach Hotel, Kozhikode,
the petitioners, who were consuming liquor in that bar,
misbehaved with the de-facto complainant and her friend, and
made sexually coloured remarks against them, and abused and
assaulted them.
3. Heard learned counsel for the petitioners and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned counsel for the petitioners would submit
..3..
that, in fact, the de-facto complainant and her friend caused
disturbance inside the bar, uttering obscene words and they
played music in a loud voice, in spite of objections from the bar
employees. When they continued their smoking causing
disturbance in the bar, Police was informed and when Police
came, only to save their faces, they cooked up a false story
against the petitioners. The petitioners are ready to abide by
any conditions imposed by this Court.
6. On going through the records available, it could be
seen that there occurred some altercation which led into some
unhappy incidents between the petitioners on the one side and
the de-facto complainant and her friend on the other side,
inside the bar in Beach Hotel Kozhikode. There is nothing to
show that, with any sexual intention, the petitioner did
anything against the de-facto complainant or her friend.
Considering all these facts, this Court is inclined to
release the petitioners on bail on the following terms:
i. The petitioners shall surrender before the
Investigating Officer on or before 12.02.2024 and subject
themselves for interrogation.
..4..
ii. In the event of arrest, the petitioners shall be
released on bail on executing bond for Rs.50,000/- (Rupees
Fifty Thousand only) by each of them with two solvent sureties
each for the like sum to the satisfaction of the Arresting
Officer.
iii. The petitioners shall report before the Investigating
Officer as and when directed.
iv. The petitioners shall not contact, or go to the place
where the de-facto complainant or her friend are staying, and
shall not cause any kind of harassment or intimidation to them,
either directly, or indirectly.
v. The petitioners shall not commit any offence while
on bail.
vi. In case of violation of any of these conditions, the
jurisdictional court is empowered to cancel their bail, in
accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
ACR
