Kerala High Court
Bail Appl./10537/2022 of SHAJAHAN K.M Vs STATE OF KERALA on 30 December 2022
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. 10537 OF 2022 CRIME NO.322/2022 OF Sreekrishnapuram Police Station, Palakkad PETITIONER/ACCUSED: SHAJAHAN K.M AGED 46 YEARS, S/O. K.M.MAMMAD,
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. 10537 OF 2022
CRIME NO.322/2022 OF Sreekrishnapuram Police Station, Palakkad PETITIONER/ACCUSED:
SHAJAHAN K.MAGED 46 YEARS, S/O. K.M.MAMMAD,KOZHIKKODE, PIN – 673620
KALARIKANDI MEETHAL HOUSE, AREEKULAM P.O, BY ADVS.N.C.MOHANANATHUL TOMSUJITHA S.M
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031
2SASINAS @ HARITHA.Z.AAGED 40 YEARSD/O C.P.ABOOBACKER, RAGAM(140A)NEAR MELUR AYYAPPA TEMPLE, ESWARAMANGALAM ROAD, SREEKRISHNAPURAM, PALAKKAD, CURRENTLY RESIDING AT 2A, ROLL NO-ED 22D003, DEPARTMENT OF ENGINEERING DESIGN, IIT MADRAS, CHENNAI, PIN – 600036
BY ADV SMT.SEETHA S.,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 10537 OF 2022
P.G. AJITHKUMAR, J.
------------------------------- B.A.No. 10537 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.322 of2022 of Sreekrishnapuram Police Station, Palakkad forhaving allegedly committed the offences punishable underSection 448 of the Indian Penal Code, 1860, Section 120(o) ofthe Kerala Police Act, 2011 and Section 31(1) of theProtection of Women from Domestic Violence Act, 2005.
3. The prosecution allegation is that in violation ofthe protection order issued by the Judicial First ClassMagistrate-1, Ottappalam in M.C.No.124 of 2020 thepetitioner forcibly removed the lock of the shared house holdand trespassed into the said house. He also posted family BAIL APPL. NO. 10537 OF 2022-3- photos of the parties in social media with a view to causeembarrassment to the wife and other members of her family.
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 on both sidesand considering the nature of the offence, I am of the viewthat the detention of the petitioner during the period ofinvestigation is not necessary in this case. Among theoffences alleged, one punishable under Section 31(1) of theProtection of Women From Domestic Violence Act, 2005alone is non bailable one. The said offence is punishable withimprisonment for a period of one year. Considering that thedispute is with respect to the matrimonial disharmonybetween the petitioner and the de facto complainant, I am ofthe view that the petitioner is entitled to be released on bailin the event of his arrest.
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 event of 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 before the jurisdictional court.
vv
Sd/-P.G. AJITHKUMARJUDGE
APPENDIX OF BAIL APPL. 10537/2022
PETITIONER ANNEXURES
Annexure 1
A TRUE COPY OF THE F.I.R IN CRIME NO. 322 OF 2022 OF SREEKRISHNAPURAM POLICESTATION, PALAKKAD DATED 4/12/2022322 OF 2022 OF SREEKRISHNAPURAM POLICESTATION, PALAKKAD DATED 4/12/2022
Annexure 2
A PHOTOCOPY OF PROTECTION ORDER DATED 12.03.2020 IN CRIMINAL MP 2723 OF 2022IN M.C NO.124 OF 2020 PASSED BY THE JFCM-1, OTTAPALAM IN FAVOR OF THE RESPONDENT WIFE12.03.2020 IN CRIMINAL MP 2723 OF 2022IN M.C NO.124 OF 2020 PASSED BY THE JFCM-1, OTTAPALAM IN FAVOR OF THE RESPONDENT WIFE
Annexure 3THE PHOTOGRAPHS OF THE LOCK OF THE DOOR OF THE HOUSE WHERE THE ALLEGED INCIDENT TOOK PLACEDOOR OF THE HOUSE WHERE THE ALLEGED INCIDENT TOOK PLACE
Annexure 4
THE TITLE DEED OF THE PROPERTY DATED 31.08.201531.08.2015
Annexure 5THE TITLE DEED OF THE PROPERTY BEARINGNO.T4193 DATED 8.04.2016NO.T4193 DATED 8.04.2016
Annexure 6COPY OF THE RESIDENCE CERTIFICATE ISSUED BY THE SREEEKRISHNAPURAM GRAMA PANCHAYATH DATED 11.05.2020ISSUED BY THE SREEEKRISHNAPURAM GRAMA PANCHAYATH DATED 11.05.2020
Annexure 7
THE COPY OF THE E-COURT PROCEEDINGS ON14.12.2022 IN M.C NO. 124 OF 2020 ON THE FILES OF JFCM, OTTAPALAM14.12.2022 IN M.C NO. 124 OF 2020 ON THE FILES OF JFCM, OTTAPALAM
Annexure 8A TRUE COPY OF THE POWER OF ATTORNEY DATED 30.06.2022DATED 30.06.2022
Annexure 9
A COPY OF THE SAID PHOTO SHARED ON FACEBOOK ON 3.12.2022 WHICH WAS ORIGINALLY POSTED ON 3.12.2016FACEBOOK ON 3.12.2022 WHICH WAS ORIGINALLY POSTED ON 3.12.2016