Aneesh vs State Of Kerala

K.Haripal, J

Petitioners in B.A.No.5190/2021 are accused Nos.1, 2, 3 and 5 in crime No.642/2021 of Pazhayannur police station, whereas the petitioner in B.A.

No.5200/2021 is the 4th accused. The said crime was registered on the basis of the First Information Statement given by the additional second

respondent in B.A.No.5200/2021, alleging offence under Sections 452 and 323 read with Section 34 IPC.

I heard the counsel on both sides.

The learned Public Prosecutor submits that later, offence under Sections 143 and 147 read with Section 149 IPC and also Sections 3 (2), and (v) (a)

of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were also incorporated. The petitioner in B.A.No.5200/2021 was

arrested on 02.07.2021 and the other accused persons were arrested on 04.07.2021 and since then they are in judicial custody.

The learned counsel for the petitioners in B.A.No.5190/2021 submits that the defacto complainant is the immediate neighbour of the petitioners and

no such incident had happened as alleged by the prosecution; the petitioners had only questioned the act of eve teasing committed by the defacto

complainant against the wife of the 5th accused, that they are innocent and that the provisions under the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act have been misused at the instance of the defacto complainant.

The learned Public Prosecutor has submitted that after the incident in question, crime No.617/2021 has been registered against the petitioners

alleging offence under Sections 452 and 323 read with 34 IPC in Pazhayannur police station.

The petitioners are in judicial custody for more than 15 days. The investigation has progressed considerably. Parties are neighbours. Considering the

stage of investigation, continued detention of the petitioners cannot be justified at this stage. Therefore, the petitioners shall be released on bail on the

following conditions:-

i) Petitioners shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) each, with two solvent sureties, each for the like sum to the satisfaction of the

jurisdictional court;

ii) They shall not try to contact or influence the witnesses or tamper with evidence;

iii) They shall not leave the country without leave of the jurisdictional court;

iv) They shall not involve in any crime during the period on bail;

v) They shall appear before the Investigating Officer/trial court as and when required;

vi) They shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

viii) If any of the above conditions are violated by the petitioners, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.