Kerala High Court
Sajeesh Saimon vs The State Of Kerala on 20 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
BAIL APPL. NO. 3306 OF 2024
CRIME NO.794/2023 OF POOCHAKKAL POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.2748 OF
2024 OF HIGH COURT OF KERALA
PETITIONER/4TH ACCUSED:
SAJEESH SAIMON,
AGED 45 YEARS
CHAMPANATT HOUSE, PERUMBALAM P.O., PERUMBALAM
PANCHAYAT WARD VII, CHERTHALA TALUK, ALAPPUZHA
DISTRICT, PIN - 688570
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SHILPA P.S.
SINEESH K.M.
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 THE INSPECTOR OF POLICE,
POOCHAKKAL POLICE STATION, CHERTHALA TALUK,
ALAPPUZHA DISTRICT, PIN - 688526
BY ADV
SRI RENJITH GEORGE - SENIOR PUBLIC PROSECUTOR
2
BAIL APPL. NO.3306 OF 2024
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
BAIL APPL. NO.3306 OF 2024
A. BADHARUDEEN, J.
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B.A. No. 3306 of 2024
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Dated this the 20th day of May, 2024
ORDER
This is the 2nd bail application filed by the 4th accused
in Crime No.794 of 2023 of the Poochakkal Police Station,
Alappuzha, under Section 438 of the Code of Criminal
Procedure.
2. The petitioner had filed an earlier bail application
vide B.A. No.2748 of 2024. This Court dismissed the same
as per order dated 04.04.2024 and the order is as under:
"This is a petition filed under Section 438 of
the Code of Criminal Procedure, seeking pre-arrest
bail and the petitioner is the 4 th accused in crime
No.794/2023 of Poochakkal Police Station,
Alappuzha, where the prosecution alleges
commission of offences punishable under Sections
443, 341, 323, 324, 326 read with 34 of IPC.
2. Heard the learned counsel for the petitioner
as well as the learned Public Prosecutor. Perused
BAIL APPL. NO.3306 OF 2024
the relevant materials available.
3. The prosecution case is that, on 11.10.2023
at 9.30 pm., due to a previous animosity, the
accused in furtherance of their common intention,
trespassed into the courtyard of the family house of
the defacto complainant and the 1 st accused,
caught hold on the hands of defacto complainant's
son and in the mean time, the 2nd accused beat on
his hea with an iron pipe. Then the 3 rd accused
caught hold on the tuft of the defacto complainant
and wrongfully restrained her and beat on her
cheek, and pushed her after holding on her neck.
The 2nd accused, then beat on the both shoulders of
the defacto complainant's son with a stick and the
3rd accused torn the nighty worn by the defacto
complainant and disrobed her, and thereby
outraged her modesty. In the mean time, the 4th
accused beat on the right knee as well as both
thighs of the defacto complainant's son by using an
iron pipe and the 3rd accused stamped on the
abdomen of the father of the defacto complainant.
It is on this premise, the prosecution alleges the
above said offences.
4. While canvasing anticipatory bail for the
petitioner, the learned counsel for the petitioner
would submit that the petitioner is innocent. He
BAIL APPL. NO.3306 OF 2024
further submitted that, another Crime No.793/2023
of Poochakkal Police Station was registered, when
Abi V.S., Manju and Balakrishnan, the accused in
the said crime trespassed and assaulted the
defacto complainant therein, one Mrs.Asha at her
house. Thereafter, at 9.30 pm on 11.10.2023, as a
counter blast to the earlier crime the accused
herein alleged to have involved in the present
crime. He also pointed out that the learned
Sessions Judge granted bail to accused Nos. 1 to 3,
while rejecting anticipatory bail plea at the instance
of the 4th accused. The second bail application
moved by the 4th accused, seeking anticipatory bail
also was dismissed. According to the learned
counsel for the petitioner, the petitioner is innocent
and he deserves bail and he is ready to co-operate
with the investigation.
5. The learned Public Prosecutor, zelously
opposed grant of anticipatory bail to the petitioner
and submitted that, in this case, the above said Abi
V.S. sustained serious injuries including fracture in
the right patella with minimal displacement and the
overt act led to the above injury is at the instance
of the 4th accused. Therefore, arrest and custodial
interrogation of the 4th accused are necessary to aid
the investigation.
BAIL APPL. NO.3306 OF 2024
6. Going through the prosecution records, the
specific allegation against the 4th accused is that he
beat on the right knee of the above said Abi V.S.,
using an iron pipe and the same caused the
fracture. Since the overt act at the instance of the
petitioner is serious and the same would require
investigation by arrest, custodial interrogation and
recovery of the iron pipe, the petitioner cannot be
released on bail, as the same would impede the
very purpose of investigation.
Accordingly, this anticipatory bail application
stands dismissed. However, there shall be a
direction to the petitioner to surrender before the
Investigating Officer, within ten days from today.
On his surrender, the investigating officer can
interrogate the petitioner and in the event of his
arrest, he shall be produced before the
Jurisdictional Court, as per law, without fail."
3. The learned counsel for the petitioner reiterated the
same grounds earlier argued while seeking anticipatory bail
to the petitioner, for the second time. In fact, the earlier
bail application filed by the petitioner who is having overt
act at his instance, which would require investigation by
BAIL APPL. NO.3306 OF 2024
arrest, custodial interrogation and recovery of the iron pipe
at his instance doesn't deserve bail, as the same would
impede the very purpose of investigation.
4. In view of the above, this bail application stands
dismissed. However, the attitude of the Investigating Officer
in not arresting the petitioner in a serious case is noted with
displeasure.
Therefore, the Registry is directed to forward a copy of
this order to the DGP for favour of necessary action
forthwith.
Sd/-
A. BADHARUDEEN
JUDGE
BR
BAIL APPL. NO.3306 OF 2024
APPENDIX OF BAIL APPL. 3306/2024
PETITIONER'S ANNEXURES
Annexure-I TRUE COPY OF THE ORDER DATED 4.11.2023
IN CRL. M.P. NO. 5011/2023 OF THE
SESSIONS COURT, ALAPPUZHA
Annexure-II TRUE COPY OF THE ORDER DATED 22.2.2024
IN CRL.M.P.NO.785/2024 OF THE COURT OF
SESSIONS, ALAPPUZHA
Annexure-III TRUE COPY OF THE ORDER DATED 26.3.2024
IN CRL. M.P. NO.1164/2024 OF THE COURT
OF SESSIONS, ALAPPUZHA
Annexure-IV TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 12.10.2023 IN CRIME NO.
793/2023 OF THE POOCHAKKAL POLICE
STATION, ALAPPUZHA DISTRICT
Annexure-V TRUE COPY OF THE ORDER DATED 4.4.2024
IN BAIL APPL. NO. 8280/2020 OF THIS
HONOURABLE COURT
RESPONDENT'S ANNEXURES: NIL
