IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF MARCH 2022 / 2ND CHAITHRA, 1944 BAIL APPL. NO. 84 OF 2022
CRIME NO.2280/2021 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM CRMC 4066/2021 OF DISTRICT COURT & SESSIONS COURT,TRIVANDRUM PETITIONER/1ST ACCUSED:
SHAJIMON V
AGED 36 YEARS
S/O. VINCENT, ATTARIKATHU VEEDU, MALAMELKUNNU, SATHYAM NAGAR, ESTATE P.O., PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT.
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 STATION HOUSE OFFICER,
NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT
695020.
OTHER PRESENT:
SRI. T.,R. RANJITH (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.84/2022 2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 1st accused in CrimeNo.2280/2021 of Nemom Police Station, Thiruvananthapuram District alleging commission of offences under Sections 308, 323, 324, 341 & 509 r/w. Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that the petitioner attacked the de facto complainant with a helmet and caused injuries to him owing to the fact that the de facto complainant had questioned the act of the petitioner in making lewd comments against the daughter of the de facto complainant and the de facto complainant, while they were walking on a public road.
4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and has been falsely implicated. It is submitted that the de facto complainant was the one who attacked the petitioner and the other accused. It is submitted that there is no allegation that any sort of weapon was used by the petitioner to attack the de facto complainant. It is submitted that there are no corresponding injuries commensurate to the allegations raised against the petitioner. It is submitted that, at any rate, the custodial interrogation of the petitioner is absolutely not necessary in the matter. It is submitted that the only non bailable offence alleged is that under Section 308 of the Indian Penal Code,
B.A.No.84/2022 3
which at any rate is not attracted.
5. The learned Public Prosecutor points out the circumstances of the case from the record. It is pointed out that when the de facto complainant was walking on the road with his minor daughter, aged 14 years, the petitioner along with other accused started passing lewd comments asking the de facto complainant as to where he was going with the girl etc. When the de facto complainant protested, he was attacked using a helmet. It is submitted that going by the contents of the First Information Statement, the offence has been committed.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the view that the petitioner is not entitled to anticipatory bail. However, if the petitioner surrenders before the investigating officer in Crime No.2280/2021 of Nemom Police Station on or before 30.3.2022, the petitioner shall be produced before the jurisdictional Magistrate on the same day. The learned Magistrate shall consider any application that may be filed by the petitioner without any undue delay, having regard to the merits of the matter.
SD/-
GOPINATH P.
JUDGE
acd
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