Kerala High Court
Arun Ajay vs State Of Kerala on 25 April, 2025
2025:KER:33064
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5674 OF 2025
CRIME NO.454/2025 OF KUNDARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 04.04.2025 IN Bail
Appl. NO.4569 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
ARUN AJAY
AGED 33 YEARS
S/O.AJAYAKUMAR,CHAITHANYA,
PUNUKKANNOOR,ELAMPALOOR,KOLLAM - 691501
BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
KUNDARA POLICE STATION,KUNDARA, KOLLAM- 691504
P.P. SRI. G. SUDHEER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.5674/2025 2
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ORDER
This petition seeking regular bail has been filed by the 1st accused in
Crime No.454/2025 of Kundara Police Station registered alleging
commission of the offences punishable under Sections 327(1) of Bharatiya
Nyaya Sanhita and 150(1)(a) and 153 of the Railway Act, 1989.
2. The prosecution case is that at some time between 11.45
p.m. on 21.02.2025 and 1.30 a.m. on 22.02.2025, the petitioner, along
with the other accused in this case, placed a telephone post on a railway
track in between railway track 746/200 and 746/300 of Kollam Chengotta
railway line and thereby attempted to wreck train. Upon seeing the same,
when the railway gatekeeper reached the spot and removed the telephone
post from the railway track the accused persons in order to fulfil their
intention to wreck train, again placed the telephone post on the railway
track and attempted to wreck Palaruvi Express Train, which was
approaching Kollam and hence the accused attempted to endanger the
safety of the passengers in the train. Hence, the accused are alleged to
have committed the offences mentioned above.
3. Heard the learned counsels appearing for both sides and
perused the available records.
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4. The learned counsel for the petitioner submitted that the
allegation levelled against the petitioner is baseless. According to the
counsel, the petitioner was implicated in this case on the basis of some
surmises and conjectures. It was further contended that the investigation
in this case is practically over, and hence, further incarceration of the
petitioner will not serve any purpose. Per contra, the learned Public
Prosecutor opposed the application by highlighting the serious nature of
the offence alleged against the petitioner. According to the Public
Prosecutor, the intention of the petitioner as well as his companions was to
wreck the train and to endanger the life of the passengers, and hence,
showing leniency in the matter of bail is not desirable.
5. The allegation that the petitioner along with the other
accused, placed a telephone post on a railway track with an intention to
wreck train cannot be viewed lightly. The further allegation that the
accused ventured to place the telephone post again after the said post
was initially removed by the railway gatekeeper makes the matter more
grave. Anyhow, the petitioner was arrested in this case on 23.02.2025
and has been in custody since then. The investigation in this case appears
to have crossed its major and crucial part and is in the verge of
completion. The witnesses who were acquainted with the facts and
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circumstances of this case appears to have been interrogated and their
statements recorded. Moreover, no criminal antecedents are pointed out
against the petitioner. As the investigation has progressed substantially
further, judicial incarceration of the petitioner would serve no purpose.
Hence, considering the days of detention already undergone by the
petitioner and the stage of investigation, I am inclined to grant bail to the
petitioner on the following conditions:
1. Petitioner shall execute a bond for Rs.1,00,000/- (Rupees
One lakh only) with two solvent sureties each for the like
sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer
every Monday between 10 a.m. and 11 a.m. for a period of
three months or until the final report is filed, whichever
occurs first.
3. The petitioner shall co-operate with the investigation and
shall not, directly or indirectly, make any inducement, threat
or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the
Court or to any police officer.
4. Petitioner shall not leave India without permission of the
jurisdictional Court.
5. Petitioner shall not commit any offence while on bail.
6. If the petitioner violates any of the above conditions, the
investigating officer is at liberty to file an appropriate
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application for cancellation of bail before the jurisdictional
court and if such an application is filed the jurisdictional can
pass appropriate orders irrespective of the fact that this
order is passed by this Court.
Sd/-
JOBIN SEBASTIAN
JUDGE
ncd
2025:KER:33064
APPENDIX OF BAIL APPL. 5674/2025
PETITIONER ANNEXURES
Annexure A1 THE FIR IN CRIME NO. 454/2025 OF
KUNDARA POLICE STATION, KOLLAM
Annexure A2 TRUE COPY OF ORDER DATED 27-03-2025 IN
CRL.MC. NO. 722/2025 OF THE PRINCIPAL
SESSIONS COURT, KOLLAM
Annexure A3 TRUE COPY OF ORDER DATED 4-4-2025 IN
