Sanal T.K And Ors vs State Of Kerala

The petitioners are the accused in Crime No.1277/2020 of Koyilandy Police Station, registered for offences punishable under Sections 341, 323, 354 and 394 r/w 34 of IPC. The prosecution allegation is that, at about 11 a.m on 16.12.2020, the de facto complainant and friends were holding a demonstration in connection with the election to Ward No.10 of Arikkulam Panchayath, the 1st accused, who belong to the opposite political party, restrained the de facto complainant and tried to snatch her mobile phone. When de facto complainant resisted, the accused pushed her down, where upon her dress got raised, resulting in her modesty being outraged. The petitioners are alleged to have snatched the mobile phone of the de facto complainant's friend.

The learned Counsel for the petitioners submits that the allegations are false and registration of the crime, politically motivated and that no incident, as alleged, had taken place. According to the learned Counsel, it was the petitioners who suffered injuries, as evident from Annexure-A3 FIR and Annexure-A4 wound certificate. It is submitted that, even though the incident is alleged to have been taken place at 11.00 a.m, the wound certificate is seen to have been issued only at 1.25 p.m.

The learned Public Prosecutor refutes the allegation and submits that the wound certificate was issued at 1.25 p.m, since a subsequent incident had taken place at around 1.00 p.m, between the petitioners and the de facto complainant. It is submitted that the first petitioner is not arrayed as accused and as against the others, there are serious allegations.

On an over all consideration of the facts and the circumstances and that the incident had occurred during a demonstration in connection with an election, I am inclined to allow the prayer for anticipatory bail.

In the result, the bail application is allowed with the following directions:

(i) Petitioners 2 to 8 shall appear before the investigating officer within a period of two weeks from the date of receipt of a copy of this order. On such appearance, the investigating officer will be at liberty to interrogate the petitioners.

(ii)In the event of arrest, the petitioners shall be released on bail by the investigating officer on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each to the like sum.

(iii) The petitioners shall co-operate with the investigation and shall not, in any manner, intimidate or threaten the witnesses.