Kerala High Court
Ajmi T vs State Of Kerala on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
BAIL APPL. NO. 10194 OF 2023
CRIME NO.1870/2023 OF Nedumangad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMC 2490/2023 OF ADDITIONAL DISTRICT
COURT (ADHOC)-IV, THIRUVANANTHAPURAM
PETITIONER/2ND ACCUSED:
AJMI T.,
AGED 36 YEARS
S/O.THAJUDHEEN, RESIDING AT PONKAKADU PUTHEN VEEDU,
CHEKKAKONAM PO, KARAKULAM, ARUVIKKARA,
THIRUVANANTHAPURAM, PIN - 695564
BY ADVS.
M.JAYAKRISHNAN
SALINI T.S.
SHAJI MATHEW N.M.
REMYA VARMA N.K
VIJAYAN NAIR G.
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.10194 OF 2023 2
ORDER
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure, 1973, filed by the 2nd accused
in Crime No.1870/2023 of Nedumangad Police Station,
Thiruvananthapuram District registered under Sections 294(b),
451, 341, 354, 354B, 506(i), 427 read with Section 34 of IPC.
2. The prosecution case is that, on 9/9/2023 at 12 noon,
the petitioner and the 1st accused reached the hotel run by the
defacto complainant, and asked for meals. When the defacto
complainant informed them that, meals was not ready, the
petitioner and the 1st accused attacked her by punching on her
back, and pressing her breast. They torn of her blouse, and tried
to remove her dhoti, which she was wearing, and thus outraged
her modesty.
3. Heard learned counsel for the petitioner and learned
Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner would submit that, no
incident occurred as alleged, and since, some amount was due
to the defacto complainant from the petitioner, towards the
price of food, he had taken from her hotel, she concocted a false
complaint against him.
6. The defacto complainant is a 67 year old lady, running a
hotel. The petitioner is admitting that, some amount was due to
the defacto complainant from him for the price of meals he had
taken from that hotel. On 9/9/2023 at 12 noon, he reached her
hotel and asked for meals, she told him that meals was not
ready. Then the petitioner and the 1 st accused attacked her, and
outraged her modesty.
7. Considering the nature of allegations, and the age of the
defacto complainant, this Court is not inclined to release the
petitioner on anticipatory bail. The petitioner can surrender
before the Investigating Officer on or before 13/2/2024, and in
the event of arrest, the petitioner has to be produced before the
jurisdictional magistrate court on the date of arrest itself. The
learned magistrate has to consider his bail application, and pass
appropriate orders on the date of application itself, as far as
possible.
With these directions above, this bail application is
disposed of.
Sd/-
SOPHY THOMAS
JUDGE
ska
APPENDIX OF BAIL APPL. 10194/2023
PETITIONER ANNEXURES
Annexure A1 FREE COPY OF THE ORDER DATED 04.10.2023 IN
CRL. M.C. NO. 2490/2023 BEFORE THE ADDITIONAL
SESSIONS COURT IV, THIRUVANANTHAPURAM
