Kerala High Court

Bail Appl./10455/2022 of MUHAMMED SHEFIN 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. 10455 OF 2022 CRIME NO.1650/2022 OF Thodupuzha Police Station, Idukki PETITIONERS/ACCUSED: MUHAMMED SHEFIN AGED 21 YEARS S/O. SHAFEEQUE, KAVUM

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. 10455 OF 2022

CRIME NO.1650/2022 OF Thodupuzha Police Station, Idukki PETITIONERS/ACCUSED:

MUHAMMED SHEFINAGED 21 YEARSS/O. SHAFEEQUE, KAVUM PIDIKEL, MATTACKADU,ERATTUPETTA, KOTTAYAM DISTRICT - 686 121BY ADVS.GEORGE MATHEWPRAVEEN S.STEPHY K REGIM.D.SASIKUMARANSUNIL KUMAR A.GDIPU JAMESMATHEW K.T.GEORGE K.V.ADARSH KURIAN

RESPONDENTS/STATE & COMPLAINANT:

1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 6820312THE STATION HOUSE OFFICERTHODUPUZHA POLICE STATION, IDUKKI DISTRICT - 685 612

BY ADVSMT.SEETHA S. - 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. 10455 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 accused in Crime No.1650 ofThodupuzha Police Station. The offences alleged arepunishable under Sections 354, 354A(ii), 354B and 294(b) ofIndian Penal Code, 1860.

3. The allegations levelled against the petitioner arethat at about 10.45 p.m. on 03.12.2022 the petitioner abusedthe defacto complainant and caught hold of her with a view tooutrage her modesty at the compound of the Al-Azar College,Perumpillichira Kara, Kumaramangalam Village, Thodupuzha.

4. The petitioner would contend that he did not involvein the alleged crime and without any material or evidence, hewas implicated in the crime.

5. The learned Public Prosecutor objects grant of anticipatory bail on the ground that both the petitioner and thedefacto complainant are the students of the same college andthere is every likelihood of the petitioner causinginconvenience to the defacto complainant in the event ofreleasing him on bail.

6. Having heard the learned counsel on both sides andconsidering the nature of the offence, I am of the view that thedetention of the petitioner during the period of investigation isnot necessary in this case.

In the result, the bail application is allowed and thepetitioner 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, to thesatisfaction of the investigating officer, and on the followingconditions:

(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 get involved in any offence.

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

Sd/-

P.G. AJITHKUMAR, JUDGE

scs

APPENDIX OF BAIL APPL. 10455/2022

PETITIONER ANNEXURESAnnexure A1TRUE COPY OF CASUALTY OUT-PATIENT TICKET IS PRODUCEDAnnexure A2COPY OF ORDER DTD. 19.12.2022 IN CRL.M.C. NO. 1068 OF 2022 OF THE LEARNED SESSIONS JUDGE'S COURT, THODUPUZHAAnnexure A3TRUE COPY OF PETITIONER'S HALL TICKET DTD. 09.12.2022 ISSUED FROM MAHATMA GANDHI UNIVERSITY

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