Bail Appl. No.6693 of 2019

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 27TH DAY OF SEPTEMBER 2019 / 5TH ASWINA, 1941** **Bail Appl..No.6693 OF 2019** **CRIME NO.620/2019 OF Ollur Police Station , Thrissur** ## **PETITIONERS/ACCUSED NO.1 AND 2:** **1 NIKHIL, AGED 24 YEARS S/O. THANKAPPAN, KOODARATHIL HOUSE, KARUVANNOOR THELAPPILLY DESOM, PORATHISSERY VILLAGE, KARUVANNOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT 2 NITHIN, AGED 22 YEARS S/O. THANKAPPAN, KOODARATHIL HOUSE, KARUVANNOOR THELAPPILLY DESOM, PORATHISSERY VILLAGE, KARUVANNOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT** **BY ADV. SRI.N.L.BITTO** ## **RESPONDENT:** **THE STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031** ## **OTHER PRESENT:** ## **SRI.B.JAYASURYA, PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Bail Appl..No.6693 OF 2019 ..2.. **The name of the Police Station “Crime No. 620/2019 of Ollur Police Station” occurring in the Head Note of the final order dated 27.9.2019 in BA6693/2019 is corrected and substituted as “Guruvayoor Police Station” as per the order dated 3.12.2019 in Crl.M.A.No. 2/2019 in BA-6693/2019.** **Sd/Assistant Registrar** Bail Appl..No.6693 OF 2019 ..2.. ## **ALEXANDER THOMAS, J.** ------------------------------------B.A. No. 6693 of 2019 ------------------------------------Dated this the 27th day of September, 2019 ## O R D E R The petitioners herein have been arrayed as accused Nos. 1 and 2 in the instant Annexure-1 Crime No.620 of 2019 of the Ollur Police Station, which has been registered for the offences punishable under Sections 448, 341, 324 and 354 read with Section 34 of the Indian Penal Code on the basis of the FI Statement given by the lady defacto complainant on 12.04.2019 at about 1.00 p.m. in respect of the alleged incident which happened on 10.04.2019 at about 10.30 p.m. 2. The prosecution case in short is that the parties are immediate neighbours and that earlier on 09.04.2019, one Saleesh, the husband of the lady defacto complainant herein had sexually assaulted the cousin sister of the petitioners herein, who is a minor girl aged 14 years, by pressing her breast and out of the said animosity, the petitioners herein and four others had Bail Appl..No.6693 OF 2019 **==> picture [19 x 9] intentionally omitted <==** trespassed and barged into the residence of the lady defacto complainant and her husband and yelled out that if the complainant's family members assault a girl belonging to the family of the accused, then they also know how to retaliate and that they had assaulted the lady defacto complainant, her husband and their child by using a helmet and the first accused had caught hold of the lady defacto complainant on her hair and pulled her down. 3. The learned Prosecutor would point out that the medical records would show that the child of the lady defacto complainant has sustained abrasions on his lower lips and that the lady defacto complainant and her husband have sustained minor abrasions. 4. The counsel for the petitioners would point out that the above said allegations are false and fabricated and that Annexure-2 is the crime registered as against the husband of the lady defacto complainant herein for having sexually assaulted the cousin sister of the petitioners herein and further that it is only out of the said animosity, and to wriggle out of the said case, and to put Bail Appl..No.6693 OF 2019 **==> picture [19 x 9] intentionally omitted <==** pressure on the petitioners to compromise the case, these false allegations have been made. 5. The learned Prosecutor has seriously opposed the plea for anticipatory bail and would point out that the factum of Annexure-2 crime registered as against the husband of the lady defacto complainant herein has been clearly stated in the instant Annexure-1 FI Statement. 6. Per contra, the learned counsel of the petitioners would point out that the very fact that the allegations in the instant Annexure-1 crime are falsely instigated, is clear from the objective fact that though the alleged incident is said to be happened on 10.04.2019 at about 10.30 p.m., the FIS and the crime has been lodged only on 13.04.2019 at about 1.00 p.m. and the long delay in that regard has not been explained and that the said aspect of crucial delay would clearly show that the allegations in this instant crime are the product of an afterthought and fabrication. 7. After hearing both sides and after careful evaluation of the facts of the case, more particularly, taking into Bail Appl..No.6693 OF 2019 **==> picture [18 x 9] intentionally omitted <==** account the long and unexplained delay in lodging of the instant crime as well as the factual aspects in relation to Annexure-2 crime, this Court is reluctantly inclined to take the view that the custodial interrogation of the petitioners may not be necessary for the smooth and effective conduct of the investigation in this crime. However, the learned Prosecutor would point out that the petitioners will have to fully cooperate with the interrogation process, and further that there is a strong possibility that the petitioners may intimidate and threaten the witnesses, more particularly, the lady defacto complainant's family members, if they released on bail and that the petitioners are living in the immediate neighbourhood of the lady defacto complainant. This Court is constrained to order a condition with regard to bail that the petitioners shall not reside anywhere within the territorial limits of the Police Station where the lady defacto complainant is residing until the conclusion of the investigation process, subject to certain exceptions which will be dealt with hereafter. Bail Appl..No.6693 OF 2019 ..6.. ## 8. Accordingly, the the following directions and ## orders are passed. _i. The petitioners will immediately personally appear before the Investigating Officer in the instant crime for interrogation purposes without any further delay, at any rate by 9.00 am on any day on or before 10.10.2019. ii. The petitioners 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 petitioners in relation to the abovesaid crime, then they shall be released on bail on their executing bond for Rs.40,000/- each and on furnishing two solvent sureties each for the like sum, both to the satisfaction of the competent court below concerned._ ## 9. However, the grant of bail will be subject to ## following conditions:- - _i. The petitioners shall report before the Investigating Officer on every 2[nd] and 4[th] Saturdays, at any time between 9.00 am and 1 pm, for a further period of six months, and shall thereafter report before the Investigating Officer as when directed by him._ - _ii. They shall not intimidate or attempt to influence the defacto complainant/victim, witnesses; nor shall they tamper with the evidence._ Bail Appl..No.6693 OF 2019 ..7.. _iii. They shall not commit any offence while on bail._ - _iv. The petitioners shall not go anywhere near to the workplace or residence of the lady defacto complainant._ - _v. The petitioners shall not reside or enter into the territorial limits of the district where the lady defacto complainant and her husband is residing until the conclusion of the investigation process, except for the limited purpose of reporting before the Investigating Officer concerned in this crime, or for attending to the Court in relation to this case or any other cases or for contacting their lawyers/advocates concerned. It the petitioners have any genuine personal need to visit the said area, then they may do so, only with the prior permission of the Investigating Officer._ If there is any violation of the abovesaid conditions by the petitioners, then the jurisdictional court concerned shall stand hereby empowered to consider the plea for cancellation of bail if required, and pass appropriate orders in accordance with law. With these observations and directions, the above Bail Application will stand disposed of. Sd/- ALEXANDER THOMAS, JUDGE ds 27.09.2019 Bail Appl..No.6693 OF 2019 **==> picture [20 x 9] intentionally omitted <==** The name of the Police Station “ **Ollur Police Station** ” occurring in the 3[rd] line, 1[st] Paragraph, 2[nd] Page of the final order dated 27.09.2019 in B.A. No. 6693 of 2019 is corrected and substituted as **“Guruvayoor Police Station”** as per order dated 03.12.2019 in Crl.M.A. No. 2/2019 in B.A. No. 6693/2019. Sd/DEPUTY REGISTRAR