Allowed

Eldho Shaju v. the Station House Officer

Kerala HC14 Dec 2021Bail Appl./3928/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail in a case involving allegations under Sections 354, 354(D), 294(b), and 506(i) of the IPC. Considering the petitioner's youth, the court granted bail subject to strict conditions regarding bond, reporting, and avoiding contact with the complainant.

What did the court decide?

Anticipatory bail allowed; release on bond of Rs. 50,000 with two sureties, reporting to IO, and no contact with complainant or witnesses.

Eldho Shaju Vs the Station House Officer — Bail and Remand | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 14^TH DAY OF DECEMBER 2021 / 23RD AGRAHAYANA, 1943

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BAIL APPL. NO. 3928 OF 2021

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CRIME NO.171/2021 OF KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT

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AGAINST THE ORDER IN CRMC 747/2021 OF DISTRICT COURT & SESSIONS

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COURT,THALASSERY

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PETITIONER/ACCUSED:

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ELDHO SHAJU

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AGED 19 YEARS

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S/O.N.T.SHAJU, STUDENT, NELLIKKAMKUDI HOUSE, KELAKAM AMSOM DESOM, KELAKAM P.O., KANNUR DISTRICT - 670 674.

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BY ADV CIBI THOMAS

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RESPONDENT/COMPLAINANT & STAT:

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1 THE STATION HOUSE OFFICER KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT - 670 643.

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2 THE STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.3928/2021

ORDER

This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.171/2021 of Kuthuparamba Police Station, Kannur District alleging commission of offences under Sections 354, 354(D), 294 (b) and 506(i) of the Indian Penal Code. The allegation against the petitioner is that on 25.3.2021, the petitioner abused the de facto complainant while she was standing at the bus stop for boarding a bus to her College and slapped her in front of the public for refusing to continue her friendship with the petitioner. It is stated that the petitioner and the de facto complainant are both students and they were classmates from VIII^th standard on wards.

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The learned counsel for the petitioner submits that no such incident as alleged has taken place. It is submitted that the petitioner is only 19 years of age and the de facto complainant is also of the same age. It is submitted that, at any rate, the offence under Section 354 of the Indian Penal Code is not attracted, in the facts and circumstances of the case. It is submitted that Section 354 of the Indian Penal Code is only non-bailable offence alleged against the petitioner and that even if the entire allegations are accepted as true, the custodial interrogation of the petitioner is not necessary for a proper investigation in Crime No.171/2021 of Kuthuparamba Police Station.

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I have heard the learned Public Prosecutor also.

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The learned Public Prosecutor on instructions submits that, going

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B.A.No.3928/2021

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by the information given by the de facto complainant, the petitioner used to continuously harass her and used to stalk her continuously and pester her to enter into some sort of relationship with the petitioner and when she refused, the petitioner slapped her while she was standing at the bus stop to board a bus to her College. It is submitted that if this Court is inclined to grant bail to the petitioner, it must be on sufficient conditions to ensure that the petitioner does not harass or intimidate the de facto complainant in any manner.

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Having regard to the facts and circumstances of the case and especially considering the fact that the petitioner is only 19 years of age and taking into account the nature of the allegations, I am of the view that the petitioner can be granted anticipatory bail subject to strict conditions.

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In the result, this application for anticipatory bail is allowed. It is directed that the petitioner shall be released on bail in the event of arrest in Crime No. No.171/2021 of Kuthuparamba Police Station, subject to the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The petitioner shall report before the investigating officer in Crime No. No.171/2021 of Kuthuparamba Police Station as and when called upon to do so;

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(iii) The petitioner shall not attempt to contact the de facto complainant or influence or intimidate any witness in Crime No. No.171/2021

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B.A.No.3928/2021

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of Kuthuparamba Police Station;

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(v) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. No.171/2021 of Kuthuparamba Police Station, Kannur District may file an application before the jurisdictional Court, for cancellation of bail.

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sd/-

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GOPINATH P. JUDGE

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acd

Eldho Shaju v. the Station House Officer

Case brief

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What did the court decide?

Eldho Shaju v. the Station House Officer

Case brief

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