High Court of KeralaSingle Judge2024-05-30Bail granted

Bail Applications Nos. 3395/2024 and 3873/2024 v. State of Kerala (Crime No. 261/2024, Noolpuzha Police Station, Wayanad) High Court of Kerala

Case / Petition Number:BAIL APPL. NO. 3395 OF 2024; BAIL APPL. NO. 3873 OF 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. BADHARUDEEN
Judgment Date: 2024-05-30
Court Decision / Holding: These petitions stand allowed. The petitioners are enlarged on bail on the following conditions: (i) surrender before the Investigating Officer within ten days and, on such surrender, the IO may interrogate the petitioners for two days between 10:00 a.m. and 1:00 p.m. and record their statements; on arrest, they shall be produced before the Jurisdictional Court on the date of arrest; (ii) the Jurisdictional Court shall release them on bail on bond of Rs. 30,000/- (each petitioner) with two sureties of Rs. 30,000/- each; (iii) the petitioners shall cooperate with investigation and be available for interrogation as directed; (iv) they shall not intimidate witnesses or interfere with the investigation; (v) they shall not commit any other offence during the currency of this bail, and any such breach may cancel the bail.
Final Disposition: Bail granted

Parties to the Case

Appellants / Petitioners

JOHNSON M V
AFSAL ALIAS PEECHU
PREMA
JAMEELA
SHIBU
VINOD
AJY .V R
RAGU O.L
LIJO
SHAROON M

Respondents

State of Kerala, represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• M.R.SASITH
• R.K.CHIRUTHA
• NEELANJANA NAIR
• ANJANA SURESH.E
• NANMA.B.B
• RIYA KOCHUMMAN
• LIDHIYA GEORGE
• GAYATHRI C.H.
• REETHU JACOB

Counsels for Respondents

• SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

Case Synopsis & Summary

Two anticipatory bail petitions, BA 3395/2024 and BA 3873/2024, were heard by the Hon'ble A. Badharudeen, J., in the High Court of Kerala, Ernakulam. The petitions arise from Crime No. 261/2024 registered at Noolpuzha Police Station, Wayanad, involving a dispute between KSRTC and a private operator over a permit. Petitioners in BA 3395/2024 are six accused named Johnson M V, Afsal alias Peechu, Prema, Jameela, Shibu and Vinod; in BA 3873/2024, accused Nos. 1-4 are Ajy V R, Ragu O L, Lijo and Sharon M, with the same set of factual allegations. The prosecution contends that on 28 March 2024, around 2 p.m., a mob restrained a KSRTC bus participating in public service, threatened the bus conductor with abusive language, obstructed the defacto complainant recording the scene on a mobile phone, and in the incident one person lifted his dhoti thereby outraging modesty; offences under IPC sections 283, 353, 354A(1)(iv), 294(b), 506(1) read with 34. The petitioners submit that this is essentially a permit dispute, their actions were not of a non-bailable nature, they are innocent, and they are ready to cooperate with the investigation. The State counters that obstruction of movement and the alleged outraging of modesty are foreseeable consequences. The court, after noting the mob resistance in a permit dispute, enlarges the petitioners on anticipatory bail with conditions, including surrender within ten days, a bond of Rs. 30,000 with two sureties, cooperation, non-interference with witnesses, no new offences, and I.O. supervision.

Provisions of Law Cited

Section 438 of the Code of Criminal Procedure (CrPC)Section 283 IPCSection 353 IPCSection 354A(1)(iv) IPCSection 294(b) IPCSection 506(1) IPC read with Section 34 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners’ counsel submitted that the case involves a permit dispute between a KSRTC bus and a private operator, and that the petitioners are innocent. They urged anticipatory bail on grounds of cooperation and non-bailable mischaracterization, asserting the necessity of safeguarding the petitioners from harassment during investigation.

Contentions of Respondents

The State contended that the mob’s obstruction of the KSRTC bus and interference with duty, along with alleged outraging of modesty, are foreseeable consequences of the conduct alleged and merit scrutiny under the applicable IPC provisions; the possibility of public disorder and hindrance to public service justifies stringent considerations.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **THURSDAY, THE 30[TH] DAY OF MAY 2024 / 9TH JYAISHTA, 1946 BAIL APPL. NO. 3395 OF 2024** **CRIME NO.0261/2024 OF NOOLPUZHA POLICE STATION, Wayanad PETITIONERS/:** - **1 JOHNSON M V, AGED 55 YEARS MUNDANTHANATH HOUSE, KALPARA, PATTAVAYAL, NILGIRI, PIN - 643240** - **2 AFSAL ALIAS PEECHU, AGED 31 YEARS VALIYAPEEDIYEKAL HOUSE, KUDUKKI, CHEERAL VILLAGE, SULTHAN BATHERY, WAYANAD, PIN - 673595** - **3 PREMA, AGED 63 YEARS PLACHIKKUZHI HOUSE,CHEERAL VILLAGE, SULTHAN BATHERY, WAYANAD PIN - 673595** - **4 JAMEELA, AGED 48 YEARS CHILAKKAL HOUSE,CHEERAL VILLAGE, SULTHAN BATHERY,WAYANAD, PIN - 673595** - **5 SHIBU, AGED 45 YEARS KOCHUKUDI HOUSE,CHEERAL VILLAGE, SULTHAN BATHERY,WAYANAD PIN - 673595** - **6 VINOD, AGED 45 YEARS VYPINCHERI HOUSE, KARNKALIKKUNNU, CHEERAL VILLAGE,** **SULTHAN BATHERY, WAYANAD, PIN - 673595** **BY ADV M.R.SASITH** **BAIL APPL. Nos.3395 & 3873 OF 2024** **2** ## **RESPONDENT:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** **SRI.M.P.PRASANTH, PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.05.2024, ALONG WITH Bail Appl..3873/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **BAIL APPL. Nos.3395 & 3873 OF 2024 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **THURSDAY, THE 30[TH] DAY OF MAY 2024 / 9TH JYAISHTA, 1946 BAIL APPL. NO. 3873 OF 2024** **CRIME NO.261/2024 OF NOOLPUZHA POLICE STATION, Wayanad** ## **PETITIONERS/ACCUSED:** - **1 AJY .V R, AGED 55 YEARS S/O RAJAPPAN, VALARA HOUSE, AMBALAMOOLA .P.O., VATTAKKOLLY, PIN - 643240** **2 RAGU O.L, AGED 48 YEARS S/O LAKSHMANAN, ODADAMVAYAL HOUSE, PATTAVAYAL P.O, PALAVAYAL, PIN - 643240** **3 LIJO, AGED 38 YEARS S/O JOSEPH, MUNDANTHANTH HOUSE, PATTAVAYAL PO., KOTTATTY, PIN - 643240** **4 SHAROON M , AGED 20 YEARS S/0 JOHNSON, MUNDANTHANTH HOUSE, PATTAVAYAL P.O, PIN - 643240** **BY ADVS. M.R.SASITH R.K.CHIRUTHA NEELANJANA NAIR ANJANA SURESH.E NANMA.B.B RIYA KOCHUMMAN LIDHIYA GEORGE** **BAIL APPL. Nos.3395 & 3873 OF 2024** **4** **GAYATHRI C.H. REETHU JACOB** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** ## **SRI.M.P.PRASANTH, PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.05.2024, ALONG WITH Bail Appl..3395/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **BAIL APPL. Nos.3395 & 3873 OF 2024 5** ## **O R D E R** Dated this the 30[th] day of May, 2024 These are anticipatory bail applications filed under Section 438 of the Code of Criminal Procedure. 2. B.A.No.3395/2024 is at the instance of accused Nos.1 to 6 in crime No.261/2024 of Noolpuzha Police Station, Wayanad. Similarly, B.A.No.3873/2024 is at the instance of accused Nos.7 to 11 in the above crime. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the available materials. 4. Shortly spelt, the prosecution allegation is that at about 14.10 hours on 28.03.2024 while RNK 488 KSRTC bus was in operation as per of public service and when the bus reached Pattavayal, in connection with a permit dispute between the KSRTC bus and _MV Sons_ private bus, accused Nos.1 to 13 restrained the movement of the KSRTC bus and threatened the lady conductor by using abusive words. ## **BAIL APPL. Nos.3395 & 3873 OF 2024 6** Further allegation is that when the defacto complainant attempted to record the scene by using mobile phone, the same was obstructed and one person lifted his dhotti and thereby the defacto complainant's modesty was outraged. On this premise, the prosecution alleges commission of offences punishable under Sections 283, 353, 354A(1)(iv), 294(b), 506(1) read with Section 34 of IPC. 5. The learned counsel for the petitioners would submit that a dispute in the matter of permit in between a KSRTC bus and a private bus when interfered by the people in the locality, who are in need of the service of both buses, has given the colour of non-bailable offences and the petitioners are innocent. Offering co-operation in the matter of investigation, the learned counsel for the petitioners pressed for anticipatory bail. 6. The learned Public Prosecutor would submit that obstruction of the movement of the KSRTC bus and interference of the duty of the defacto complainant are ## **BAIL APPL. Nos.3395 & 3873 OF 2024 7** foreseeable from the prosecution records. It is also highlighted that the modesty of the defacto complainant also was outraged. 7. On scrutiny of the fact of this case, it appears that there is a resistance by the mob, interfering the service of the KSRTC bus in relation to some dispute regarding permit. In such a case, after securing the presence of the petitioners for interrogation for the purpose of investigation for two days in between 10 am and 1 pm, I am inclined to enlarge the petitioners on anticipatory bail. Therefore, these petitions stand allowed. The petitioners are enlarged on bail on conditions: - i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners for two days in between 10.00 am and 01.00 pm and record their statement. In the event of their arrest, the Investigating Officer shall produce the petitioners before the Jurisdictional Court **BAIL APPL. Nos.3395 & 3873 OF 2024 8** on the date of arrest itself. - ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) for themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court. - iii. The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. - iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner. - v. The petitioners shall not commit any other offence during the currency of this bail and any such event, if reported or came to the notice of thsi Court, the same shall be a reason to cancel the bail hereby granted. ## **Sd/A. BADHARUDEEN JUDGE** nkr