Kerala High Court
Jijo K.V vs State Of Kerala on 25 March, 2025
2025:KER:25214
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
CRL.A NO. 458 OF 2025
CRIME NO.927/2024 OF MUZHAKKUNNU POLICE STATION, KANNUR
AGAINST THE ORDER DATED 18.02.2025 IN CRMC NO.181 OF
2025 ON THE FILE OF THE COURT OF SESSION, THALASSERY
APPELLANT/ACCUSED:
JIJO K.V
AGED 32 YEARS,
S/O LATE RAJ MOHAN, KARIYIL HOUSE,
KANDERINJAL, THILLANKERY AMSOM DESOM,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670703
BY ADVS.
ADARSH KURIAN
K.V.PAVITHRAN
JAYANANDAN MADAYI PUTHIYAVEETTIL
JITHIN S SUNDARAN
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
MUZHAKKUNNU POLICE STATION,
KANNUR DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 670703
2025:KER:25214
CRL.A NO. 458 OF 2025
2
3 ANILA A K
AGED 35 YEARS
W/O SUJITH, MUKKATTUMMAL HOUSE, P.O.
THILLENKERY, KUNDARINHAL,
IRITTY TALUK, PIN - 670702
SMT.SHEEBA THOMAS, PP
THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON
25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:25214
CRL.A NO. 458 OF 2025
3
C.S.SUDHA, J.
-------------------------------------------------------
Criminal Appeal No.458 of 2025
-------------------------------------------------------
Dated this the 25th day of March 2025
JUDGMENT
This is an appeal filed under Section 14A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989, (the Act) filed by the petitioner/accused in Crime
No.927/2024, Muzhakkunnu police station, aggrieved by the
dismissal of his application, namely, Crl.M.C No.181/2025 on the
file of the Court of Session, Thalassery, seeking regular bail under
Section 483 BNSS.
2. It is submitted by the learned counsel for the
appellant/accused that though the incident is alleged to have taken
place on 19/11/2024 at 12:00 noon, the FIS is given only after one
month, that is, on 20/12/2024. The accused was arrested on
27/12/2024 and he has been in custody for the past 89 days. Since
2025:KER:25214
CRL.A NO. 458 OF 2025
the appellant/accused is stated to be a person with criminal
antecedents and is on the rowdy list, it cannot be believed that the
victim/informant had gone to his house when he was alone and
therefore the prosecution case is highly improbable. It is also
pointed out that several cases have been registered against him only
because of the political feud that exists between the
appellant/accused and his party members.
3. Notice has been served to the 3rd respondent, the
victim/informant, through the SHO concerned.
4. The request for bail is opposed by the learned Public
Prosecutor who submits that the appellant/accused has criminal
antecedents and the details of the crimes are:
"1. Iritty. PS. Cr. No.835/2014 U/S 323, 324 r/w 34
IPC
2. Iritty PS Cr. No.247/2015 U/S 143, 147, 148, 341,
323, 324, 308 r/w 149 IPC.
3. Iritty PS Cr. No.464/2016 U/S 341, 323, 324, 308
r/w 34 IPC.
2025:KER:25214
CRL.A NO. 458 OF 2025
4. Iritty PS Cr. No.468/2016 U/S 107 Cr.P.C.
5. Iritty PS Cr. No.933/2016 U/S 506 (i) IPC.
6. Muzhakkunnu PS Cr. No.30/2017 U/S 141,
606(ii), 323, 326, 308 r/w 34 IPC.
7. Muzhakkunnu PS Cr. No.239/2017 U/S 341,
294(b), 323 r/w 34 IPC.
8. Peravoor PS Cr. No.253/2017 U/S 452, 324, 506(i)
r/w 34 IPC.
9. Muzhakkunnu PS Cr. No.147/2023 U/S 354(i)(ii),
354A(i)(iv), 354D, 506, 294(b) IPC & Sec.120 (O) of
KP Act, & Sec 67 of IT Act.
10. Viyyur PS Cr. No.533/2023 U/S 332 & 353 IPC."
It is also submitted that the appellant/accused is the immediate
neighbor of the victim/informant and therefore there is every
possibility of the victim being threatened and intimidated.
5. Heard both sides.
6. The learned Public Prosecutor on instructions submitted
that the investigation has been completed and the final report has
been filed. Therefore, further detention of the appellant/accused is
2025:KER:25214
CRL.A NO. 458 OF 2025
not called for. Hence, I find that the accused is entitled to be
granted bail. However, in the light of the criminal antecedents of
the appellant/accused, bail is granted to the appellant/accused on
the following stringent conditions.
i) The appellant/accused who is in custody shall
be released on bail on his execution of a bond of
₹50,000/- (Rupees fifty thousand only) to the
satisfaction of the trial court.
ii) The appellant/accused shall appear before the
investigating officer on all second Saturday's
between 10:30 a.m. and 11:00 a.m. until further
orders. He shall also appear as and when directed
by the investigating officer.
iii) He shall surrender his passport and shall not
leave the country without the prior permission of the
trial court. In case he does not have any passport,
he shall file an affidavit to the said effect before the
2025:KER:25214
CRL.A NO. 458 OF 2025
trial court.
iv) He shall not commit any offence(s) while on bail;
v) The appellant/accused 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.
The appeal is allowed.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
2025:KER:25214
CRL.A NO. 458 OF 2025
PETITIONER'S ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER DATED
30.01.2025 IN CRL.MC. 56/2025
Annexure A2 A FREE COPY OF THE ORDER DATED
18.02.2025 IN CRL.MC. 181/2025
RESPONDENTS' ANNEXURES: NIL
