Kerala High Court

Bail Appl./10543/2022 of SHAJI Vs STATE OF KERALA on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10543 OF 2022 CRIME NO.1958/2022 OF Kadakkal Police Station, Kollam PETITIONER/ACCUSED: SHAJI AGED 60 YEARS S/O SADANANDAN, ARYA BHAVAN,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944

BAIL APPL. NO. 10543 OF 2022

CRIME NO.1958/2022 OF Kadakkal Police Station, Kollam PETITIONER/ACCUSED:

SHAJIAGED 60 YEARSS/O SADANANDAN, AYIRAKKUZHY PO,KADAKKAL, KOLLAM, PIN – 691559

ARYA BHAVAN, THOTTUMBHGAM, PALAYKKAL,

BY ADV M.R.SASITH

RESPONDENT/COMPLAINANT:

STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

REPRESENTED BY PUBLIC PROSECUTOR,

BY ADV. SRI. P.G. MANU, SR. PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J. ------------------------------- B.A.No. 10543 of 2022

-------------------------------------------------------- Dated this the 30[th] day of December, 2022

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O R D E R

This is an application for anticipatory bail filed underSection 438 of the Code of Criminal Procedure, 1973.

2. The petitioner is the sole accused in CrimeNo.1958 of 2022 of Kadakkal Police Station, Kollam district,for having allegedly committed an offence punishable underSection 31(1) of the Protection of Women from DomesticViolence Act, 2005.

3. The prosecution allegation is that, the petitionerhas violated the directions in the protection order issued bythe Grama Nyayalaya, Chadayamangalam in C.M.P. No.291of 2020. Thus, he has committed the offence alleged againsthim.

4. The petitioner would contend that he did notinvolve in the alleged crime and without any material orevidence, he was implicated in the crime.

5. Having heard the learned counsel appearing forthe petitioner and the learned Public Prosecutor andconsidering the nature of the offence, I am of the view thatthe detention of the petitioner during the period ofinvestigation is not necessary in this case.

In the result, the bail application is allowed and theapplicant is directed to surrender before the investigatingofficer within two weeks. After interrogation and in the eventof his being arrested, he shall be released on bail on theexecution of a bond for Rs.50,000/- (Rupees fifty thousandonly), with two solvent sureties for the like amount each, tothe satisfaction of the investigating officer, and on thefollowing conditions:

(i) He shall not influence or intimidatewitnesses or tamper with evidence;witnesses or tamper with evidence;(ii) He shall appear before the investigatingofficer as and when called for; andofficer as and when called for; and

(iii) During the bail period, he shall not getinvolved in any offence.involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail beforethe jurisdictional court.

VV

Sd/-P.G. AJITHKUMARJUDGE

BAIL APPL. NO. 10543 OF 2022

APPENDIX OF BAIL APPL. 10543/2022

PETITIONER ANNEXURES

Annexure 1

A TRUE COPY OF THE F.I.R IN CRIME NO. 1958 OF 2022 OF KADAKKAL POLICE STATION, PALAKKAD DATED 13/12/2022

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