Aji Antony v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941** **BAIL APPL.NO.4967 OF 2019** **CRIME NO.309/2019 OF KAINADY POLICE STATION , ALAPPUZHA** ## **PETITIONER:** **AJI ANTONY, AGED 43 YEARS, S/O.LATE O.ANTONY, VALLONPARAMBIL HOUSE, CHANNANIKKADU P.O., PANANCHIKKADU VILLAGE, KOTTAYAM DISTRICT.** **BY ADVS.SRI.BABU KARUKAPADATH, SMT.N.S.ANJALY SMT.ARYA RAGHUNATH,SMT.KADIJA JASMINE SMT.M.A.VAHEEDA BABU, SMT.STIYA SIVAN SRI.AVINASH P RAVEENDRAN, SRI.P.U.VINOD KUMAR SRI.K.M.FAISAL (KALAMASSERY)** ## **RESPONDENT:** **STATE OF KERALA** **REPRESENTED BY STATION HOUSE OFFICER, KAINADY POLICE STATION, ALAPPUZHA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## ALEXANDER THOMAS, J. ----------------------------------------B.A. No. 4967 of 2019 ----------------------------------------Dated this the 26[th] day of July, 2019 O R D E R The petitioner herein has been arrayed as the sole accused in Anx.A6 crime which was initially registered as Crime No.1771/2019 of Changanasserry Police Station, and since most of the incidents alleged therein had occurred within the territorial limits of Kainady Police Station, the said crime was transferred and re-registered as Crime No.309/2019 of Kainady Police Station. The offences alleged therein are punishable under Secs.354, 354A, 354A(1)(iii) and 354A(1)(iv) of the IPC and Sec.119(a) of the Kerala Police Act, 2011. 2. The prosecution case in short is that, the petitioner who is working as a Clerk in the Primary Health Centre attached to the Neelamperoor Grama Panchayat, has misbehaved with the lady defacto complainant, who is working as a staff Nurse in the same Primary Health Centre attached to the abovesaid Panchayat, and that some time in the middle of May, 2019, the petitioner had B.A. No. 4967 /2019 **==> picture [19 x 9] intentionally omitted <==** shown some obscene video pictures in the mobile phone to her, which she spurned and enraged at that, he caught hold of her hand and threatened that she should see it and with sexual intend he had pulled her close to him, and showed her the video and when she cried out, the other persons in the office had come there, etc. 3. The petitioner would point out that the abovesaid allegations have been falsely foisted on him, and that the abovesaid crime and FIS has been lodged by the lady defacto complainant as late as on 22.6.2019 at 9.10 pm in respect of the alleged incidents which have taken place in the second week of May, 2019. Further it is pointed out that the abovesaid allegations have been made only on account of certain other matters. Earlier the Panchayat authorities had issued Anx.A-2 proceedings dated 11.6.2019 ordering to suspend the petitioner from service, which he had challenged before the Kerala Administrative Tribunal, Thiruvananthapuram, on the ground that the President of the Panchayat has no authority to suspend the petitioner from service, as his parent department is the Health Department, and on other grounds, the Division Bench of the Kerala Administrative Tribunal B.A. No. 4967 /2019 **==> picture [19 x 9] intentionally omitted <==** as per Anx.A3 order dated 17.6.2019 in O.A. No. 1149/2019 had granted stay of the operation of the impugned suspension order. That the lady defacto complainant and some others are supporting the President of the Panchayat, on account of their political allegiance and service union activities, and that they have animosity against the petitioner, as the petitioner belongs to the rival organisation. That it is only after the issuance of Anx.A2 suspension order, Anx.A3 order by the Tribunal, that complaints are set in motion against the petitioner. The lady defacto complainant has also given Anx.A5 FIS in respect of another incident, and which have allegedly occurred on 10.6.2019, and Anx.A5 FIS is given as late as on 22.6.2019 at about 9.10 pm. The allegation in Anx.A5 FIS has given rise to Crime No.1769/2019 of Changanassery Police Station, and the allegation therein is that the petitioner had come to the residence of the lady defacto complainant on 10.6.2019 at about 4.30 pm and had abused her and threatened her of bad consequences if she dare to make any complaint against the petitioner, etc. On the same day of Anx.A5 FIS dated 22.6.2019, she has also given the instant Anx.A6 FIS at about 10.20 pm on the same day,which has given rise to the B.A. No. 4967 /2019 **==> picture [18 x 9] intentionally omitted <==** instant crime. The allegations are made by the same defacto complainant so as to give rise to two crimes against the petitioner, and both the crimes are lodged much after the respective alleged incidents, and only after the petitioner had secured stay of the suspension order from the Tribunal as per Anx.A3. 4. Earlier when the matter came up for consideration, this Court had suggested to both sides that it may be better in the interest of all concerned and more particularly that of the petitioner himself, that he may be transferred from the present station at Neelamperoor Grama Panchayat, Alappuzha district, so that he could be given an appropriate posting in some other convenient station without disturbing his family responsibilities. It is seen that the petitioner is residing in Kottayam district. Learned Prosecutor would now submit on the basis of instructions that, based on the abovesaid observations made by this Court in this application, proceedings have now been issued by the District Medical Officer, Alappuzha, as per order No.A2-1391/19 dated 25.7.2019, whereby it has been ordered that the petitioner stands transferred from present Primary Health Centre attached to Neelamperoor Grama Panchayat to the Primary Health Centre at B.A. No. 4967 /2019 **==> picture [19 x 9] intentionally omitted <==** Kavalam, Alappuzha district, and a substitute has been posted in the place of petitioner in the Neelamperoor station. The petitioner's counsel would submit that the petitioner is fully satisfied with the said transfer order and he is only more happy to get transferred out of the present station. 5. Learned Prosecutor has opposed the plea for anticipatory bail and has pointed out that the allegations raised in the instant crime are very serious. 6. After hearing both sides, this Court would venture to opine that now the petitioner has been transferred from present station, there is no possibility for him to influence the witnesses, who are mainly officials of the Primary Health Centre, Neelamperoor. Further it is seen that the incident in respect of Anx.A5 crime has occurred on 10.6.2019, and incident in relation to instant Anx.A6 crime has happened in the 2[nd] week of May, 2019. Whereas Anx.A5 crime on the basis of Anx.A5 FIS has been registered only as late as on 22.6.2019 and instant Anx.A6 crime has also been registered on 22.6.2019. The petitioner was initially ordered as suspended from service as per Anx.A2 proceedings issued on 11.6.2019 on the allegation that he has defied the B.A. No. 4967 /2019 ..7.. authority of the President of the Panchayat. Thereafter the petitioner has secured Anx.A3 stay order from the Tribunal on 17.6.2019. It is only thereafter the crimes have been set in motion, and it is not known as to what prevented the lady defacto complainant from raising the complaints earlier in relation to the incidents occurred on 10.6.2019 and the 2[nd] week of May, 2019. Moreover the petitioner has now been transferred out of the present Station, and there is no possibility for the petitioner influencing the witnesses, or tampering evidence, etc. 7. Taking note of all these cumulative circumstances, this Court is persuaded to accept the plea made by Sri.Babu Karukapadath, learned counsel appearing for the petitioner accused that the petitioner has made out a strong probable case, that his custodial interrogation is not really called for, for effectuating smooth and effective investigation in the instant crime. However it shall be ensured that the petitioner is not posted to the present station at the Primary Health Centre attached to Neelamperoor Grama Panchayat until the completion of impugned criminal proceedings. The petitioner will also have to fully co-operate with the investigating agency. According the following directions and orders are passed. B.A. No. 4967 /2019 ..8.. - _i. The petitioner will immediately personally appear before the Investigating Officer in relation to the instant Crime No.309/2019 of Kainady Police Station for interrogation purposes without any further delay at any rate by 9 am on any day on or before 8.8.2019._ - _ii. The petitioner will fully co-operate with the Investigating Officer in the conduct of the above interrogation process._ - _iii. After the interrogation process is over, in case the Investigating Officer arrests the petitioner in relation to the instant crime, then he shall be released on bail on executing bond for Rs.40,000/- and on furnishing two solvent sureties for the like sum, each to the satisfaction of the Investigating Officer concerned._ ## 8. Further it is also ordered that the grant of bail will be subject to following conditions:- - _i. The petitioner shall not involve in any criminal offences of similar nature._ - _ii. The petitioner shall fully co-operate with the investigation._ - _iii. The petitioner shall report before the investigating officer as and when required in that connection._ - _iv. The petitioner shall not influence witnesses or shall not tamper or attempt to tamper evidence in any manner, whatsoever._ - _v. The petitioner shall not go or visit anywhere near the residence or workplace of the lady defacto complainant until the conclusion of trial._ - _vi. The department authorities will ensure that the petitioner is not posted in the Primary Health Centre attached to Neelamperoor Grama Panchayat, until the completion of all_ B.A. No. 4967 /2019 ..9.. _proceedings in the instant crime, including trial, appeal, revision, etc as the case may be._ If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned stand hereby empowered, to consider the plea for cancellation of bail at the appropriate time. 9. Needless to say, the petitioner can certainly go to the said office of Primary Health Centre attached to Neelamperoor Grama Panchayat in order to hand over charge to his new substitute, and also for any other bonafide purposes that may be required by the competent authorities concerned. With these observations and directions, the above Bail Application will stand disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG