Kerala High Court
Shahid S vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
RD
FRIDAY, THE 23
DAY OF FEBRUARY 2024 / 4TH PHALGUNA,
1945
BAIL APPL. NO. 1213 OF 2024
CRIME NO.27/2024 OF Parippally Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CRMC 152/2024 OF DISTRICT COURT &
SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED NO.2:
HAHID
S S AGED 22
YEARS
S/O. SHARAF,
KIZHAKKEVILA,
AYIROOR
P.O.,
AYIROOR,
THIRUVANANTHAPURAM,
KERALA-,
PIN
- 695310
BY ADVS. B.N.HASKAR B.K.GOPALAKRISHNAN
RESPONDENT/STATE:
TATE
S 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
23.02.2024,
HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T
B.A.NO.1213 OF 2024
2
RDER
O
Dated this the 23rd day of February, 2024
This isanapplicationforanticipatorybailunder
Section 438 of Cr.P.C. filed by the 2nd accused in crime
No.27 of 2024 of Parippally Police Station, Kollam,
registered under Sections 451, 294(b), 354,
354(A)(1)(i), 354(A)(1)(iv), 354(B), 509, and 506 r/w
Section 34 of IPC.
2. The prosecution allegation is that on
07.01.2024around10.30p.m.,thepetitioner,alongwith
two other accused, trespassed into the house of the
defacto complainant, uttering obscene words, and tried
to disrobe her, by tearing her churidar, and twisted her
left hand. The 2nd accused showed his torso, and the
3rd accused demanded her to dance in front of them,
after removing her dress.
3. Heard learned counsel for the petitioner and
B.A.NO.1213 OF 2024
3
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned Public Prosecutor, on instructions,
submitted that the petitioner herein is now arrayed as
the 1st accused in crime No.27 of 2024. Theallegation
seems to be serious as 3 accused persons trespassed
into the house of a lady aged 36 at 10.30 p.m. in the
night, and outraged her modesty by disrobing her.
Investigation is only at the initial stage. The 3rd
accusedwasarrestedon15.02.2024,andaccusedNos.1
and 2 are yet to be arrested.
6. In suchcircumstances,thiscourtisnotinclined
to release him on anticipatory bail.
7. Learnedcounselforthepetitionerwouldsubmit
that the petitioner is ready to surrender before the
investigating officer and to co-operate with the
B.A.NO.1213 OF 2024
4
investigation. In view of the said submission, the
petitioner is directed to surrender before the
investigating officer on or before 01.03.2024, and
subject himself for interrogation. The Investigating
Officer shall interrogate him to collect all materials and
evidence relevant for the purpose of investigation.
8. In the event of arrest, he shall be produced
before the jurisdictional Magistrate court on the date of
arrest itself. If an application for regular bail is preferred
by him, the same shall be considered anddisposedofby
thelearnedMagistrateonthedateofapplicationitself,as
far as possible.
With these directions, this bail application
stands dismissed.
d/-
S
SOPHY THOMAS
JUDGE
SSK/23/02
B.A.NO.1213 OF 2024
5
APPENDIX OF BAIL APPL. 1213/2024
PETITIONER ANNEXURES
Annexure A1
A
TRUE
PHOTOCOPYOF
ORDERIN
CRL.
M.C
NO.152
OF2024
BY
THE
DISTRICT
AND
SESSIONS
COURT,
KOLLAM,
DATED
06-02-2024
