Shiju v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-03-01
Court Decision / Holding: Bail application allowed. The petitioner Shiju is ordered to be released on bail on a bond of Rs. 50,000 with two solvent sureties of like amount to the satisfaction of the Magistrate court. Conditions: (i) no intimidation or tampering with evidence; (ii) cooperation with investigation; (iii) appearance before the Investigating Officer on Wednesdays for six weeks; (iv) no inducement or promise to witnesses to dissuade disclosure; (v) no travel abroad without court’s permission; (vi) no involvement in any other offence during the bail period; violation to be a ground for cancellation of bail.
Final Disposition: Petition allowed; bail granted to the accused with stated conditions.

Parties to the Case

Appellants / Petitioners

Shiju

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
The Sub Inspector of Police, Chathannoor Police Station, Kollam District

Legal Representation & Advocates

Counsels for Petitioners

• Shibi.K.P.
• C.K.Sunil

Counsels for Respondents

• P G Manu, Sr. Public Prosecutor

Case Synopsis & Summary

Shiju, the fourth accused in Crime No. 981/2022 of Chathannoor Police Station, Kollam, petitions for regular bail under Section 439 CrPC before the Kerala High Court. The prosecution alleges that at about 2:30 AM on 30.11.2022, the accused wrongfully restrained the defacto complainant after he visited his lover, assaulted him by beating on the left cheek, neck and back, and snatched a gold chain of 1¼ sovereigns with a Lord Lakshmi Devi pendant, while threatening dire consequences. The offences alleged are 341 (wrongful restraint), 294(b) (obscene acts), 323 (voluntarily causing hurt), 506 (criminal intimidation) and 395 (dacoity) of the IPC. The petitioner’s counsel argues innocence and suggests the presence at the scene occurred during a scuffle while questioning alleged illicit activity; contends the prosecution’s allegations are false. The petitioner has been in custody since 02.02.2023. The Public Prosecutor emphasizes the seriousness of the offences and the need for ongoing investigation, noting the petitioner’s criminal antecedents and involvement in two other cases (Cr. 530/22 and Cr. 575/2019). After considering the materials, the court grants bail with stringent conditions, including bond Rs.50,000 with two sureties, witness protection, ongoing cooperation with investigation, restricted travel, regular court appearances, and a bar on committing or involving in further offences during the bail period. The petition is therefore allowed.

Provisions of Law Cited

Section 439 of CrPCIPC sections 341, 294(b), 323, 506, 3953(2) of PDPP Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends innocence and asserts that his presence at the spot occurred during a doubtful circumstance while questioning alleged illicit activity; a scuffle ensued, and he maintains that the allegations are false. He has been in custody since 02.02.2023 and seeks regular bail as a matter of right, arguing that release would not impede investigation and is consistent with principles of liberty and proportionality.

Contentions of Respondents

The State/Prosecution submits that the offences are serious and under investigation since the crime occurred recently. It highlights the accused’s prior criminal antecedents and his involvement in two other cases (Cr. 530/22 and Cr. 575/2019), arguing that custodial restraint is warranted at this stage to ensure effective investigation and prevent further offences. It emphasizes the need to safeguard witnesses and public order prior to completion of investigation.

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 WEDNESDAY, THE 1[ST] DAY OF MARCH 2023 / 10TH PHALGUNA,** **1944** **BAIL APPL. NO. 960 OF 2023** **CRIME NO.981/2022 OF CHATHANNOOR POLICE STATION, KOLLAM** ## **PETITIONER/ACCUSED NO.4:** **SHIJU, AGED 23 YEARS S/O SATHYAN, CHARUVILA PUTHEN VEEDU, NEAR PARAYIL KADA JUNCTION, IDANADU, VARINJAM, MEENADU VILLAGE, KOLLAM, PINCODE-691579** **BY ADVS. SHIBI.K.P. C.K.SUNIL** ## **RESPONDENTS/COMPLAINANT :** **1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.** **2 THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT, PIN - 691572** ## **BY SRI.P G MANU, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21.02.2023, THE COURT ON 01.03.2023 DELIVERED THE FOLLOWING:** B.A.No.960 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.960 of 2023** **-------------------------------------------------------Dated this the 1[st] day of March, 2023** ## **O R D E R** This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the fourth accused in Crime No.981 of 2022 of Chathannoor Police Station, Kollam. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. I have perused the relevant materials forming part of the case diary produced by the learned Public Prosecutor. 4. The allegation of the prosecution is that, at about 2.30 hours on 30.11.2022, accused in this case B.A.No.960 of 2023 ..3.. wrongfully restrained the defacto complainant, when the defacto complainant reached at Koshnakkavu after visiting her lover at her house. That apart, Vijil beat on his left cheek, Ali caught hold on his neck and beat on his back side repeatedly. Further, the accused herein snatched away 1¼ sovereign gold chain with the locket of Lord 'Lekshmidevi' and threatened him with dire consequences. On this premise, the prosecution alleges commission of offences punishable under Sections 341, 294(b), 323, 506 and 395 of the Indian Penal Code. 5. While pressing for regular bail to the petitioner, who is the fourth accused, who has been in custody from 02.02.2023, the learned counsel for the petitioner submitted that, when the defacto complainant's presence at the place of occurrence in a doubtful circumstances was noticed, that too, on doubting an illicit activity, the same was questioned and there occurred a B.A.No.960 of 2023 ..4.. scuffle. Therefore, the petitioner herein is innocent and the allegations are false. Highlighting his custody from 02.02.2023, the learned counsel for the petitioner pursued the relief of regular bail. 6. Whereas the learned Public Prosecutor highlighted the seriousness of the offences alleged to be committed and also submitted that allegations are serious. According to the learned Public Prosecutor, since the investigation is at the primitive stage, the petitioner is not liable to be released on bail at this stage. He also pointed out that the petitioner is having criminal antecedents and he has involvement in two more crimes as listed hereunder: 1. Chathanoor PS Cr.530/22 U/s.294(b), 341, 323, 324, 332, 353, 354 & 34 IPC. 2. Chathanoor PS Cr.575/2019 U/s.323, 294(b), 332 r/w 34 IPC & 3(2) of PDPP Act. 7. Going through the report of the B.A.No.960 of 2023 ..5.. Investigating Officer and the relevant materials, the prosecution case is well made out. As per the report, it is discernible that 1¼ sovereign gold chain with the locket of Lord 'Lekshmidevi' was recovered as part of investigation and this petitioner was arrested only on 02.02.2023, since he absconded after commission of the crime. The presence of the accused at the place of occurrence at odd hours would go to show that the petitioner voluntarily stood there with intention to commit the overt acts against the defacto complainant. Therefore, the allegations are very serious and the same would require effective investigation. It is noted that this the third crime where, the involvement of the petitioner is reported and the second crime of the year 2022. This attitude of the petitioner is noted with extreme displeasure. Therefore, considering the fact that the petitioner has been in custody from 02.02.2023 onwards, he can be enlarged on bail by imposing stringent conditions B.A.No.960 of 2023 ..6.. and one among the conditions is that the petitioner shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same by itself shall be a reason to cancel the bail hereby granted. In the result, this petition stands allowed and he is released on bail on the following conditions: i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. The petitioner shall appear before the Investigating Officer as and when directed and he shall appear before the Investigating Officer on all Wednesdays B.A.No.960 of 2023 ..7.. in between 10.00 a.m. and 1.00 p.m. for a period of six weeks. iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner shall not leave India without prior permission of the trial court. vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted. Sd/- ## **A.BADHARUDEEN, JUDGE** rkj B.A.No.960 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 960/2023** ## **PETITIONER ANNEXURES** **ANNEXURE A1 THE TRUE COPY OF THE FIR NO.981/2022 OF CHATHANNOOR POLICE STATION, KOLLAM DATED 01.12.22** **ANNEXURE A2 A CERTIFIED COPY OF THE ORDER PASSED BY THE LEARNED SESSIONS COURT, KOLLAM IN CRL.MC NO. 2694/2022 DATED 05/01/2023** **ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT IN C.C.NO. 650/2019 DATED 29/10/2022 ON THE FILES OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, S. PARAVUR**