Lijoy vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioners are the accused Nos.1 and 2 in Crime No.35 of 2022 of Aluva West Police Station, alleging commission of offences under Sections 353,

354A, 294(b) and 506(1) read with Section 34 of the Indian Penal Code. The allegation against the petitioners is that the petitioners, who were called

to the police station in connection with Crime No.34 of 2022, they attempted to outrage the modesty of a Women Civil Police Officer (one Syama)

who was on duty at the police station. It is alleged that the petitioners used abusive words and blocked her, as a result of which her duty was

obstructed and her modesty was outraged. It is also alleged that the petitioners criminally intimidated and threatened her.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the petitioners

have been falsely implicated in the crime on account of the influence, political and otherwise of the opposing party in Crime No.34 of 2022 of Aluva

West Police Station. It is submitted that the petitioners have been in custody from 17.01.2022 and their continued detention is not necessary for the

purpose of any investigation.

The learned Public prosecutor vehemently opposes the grant of bail. It is submitted that the petitioners are having criminal antecedents. It is

submitted that the act of the petitioners in preventing a Police Constable from discharging her duties cannot be viewed lightly. It is submitted that the

incident took place at the police station and this shows that the petitioners have absolutely no respect for the law. It is submitted that the petitioners are

not entitled to be released on bail.

Having regard to the facts and circumstances of the case and taking into account the nature of allegations against the petitioners and considering

the fact that they have been in custody from 17.01.2022, I am of the opinion that the petitioners can be granted bail subject to conditions. I also take

note of the fact that their continued detention may not be necessary for the purpose of investigation.

In the result, this bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction

of the Jurisdictional Court;

(2) Petitioners shall not attempt to or to influence or intimidate any witness in Crime No.35 of 2022 of Aluva West Police Station;

(3) Petitioners shall report before the investigating officer in Crime No.35 of 2022 of Aluva West Police Station, as and when called upon to do so;

(4) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.35 of 2022 of Aluva West Police Station, may file an application

before the Jurisdictional Court for cancellation of bail.