Allowed

Tiju Yohannan v. State of Kerala

Kerala HC2 Dec 2021Bail Appl./7716/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted limited custody bail to the petitioner, the 5th accused charged under Sections 366, 376, and 34 IPC. The court emphasized the necessity of interrogation for investigation. Bail was allowed subject to conditions including executing a bond, cooperation with investigation, and surrendering passport.

What did the court decide?

Petitioner released on bail subject to bond, daily appearance for investigation, non-interference, no other crimes, and passport surrender.

Tiju Yohannan Vs State of Kerala — Anticipatory Bail | 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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THURSDAY, THE 2^ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943

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BAIL APPL. NO. 7716 OF 2021

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CRIME NO.1308/2017 OF VENJARAMOOD POLICE STATION, THIRUVANANTHAPURAM DISTRICT

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PETITIONER/ACCUSED:

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TIJU YOHANNAN AGED 43 YEARS

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S/O YOHANNAN, TISSY BHAVAN KADUVAPPARA, KOKKADU P. O., CHAKKUVARAKKAL, KOKKAD, KOLLAM – 691 538.

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BY ADV K.V.SABU

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RESPONDENT/COMPLAINANT:

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

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BY SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 7716 OF 2021

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the 5^th accused in Crime No.1308 of 2017 of Venjaramood Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 366, 376 and 34 of the Indian Penal Code. The allegation against the petitioner is that he arranged to take the victim girl together with the 1^st and 2^nd accused to Tamil Nadu and arranged a hotel for the 1^st and 2^nd accused to stay with the victim girl. There is a further allegation that the victim girl was also taken to the hotel room of the petitioner. However, there is no allegation that the petitioner subjected the victim girl to any sexual abuse.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is a elected member of a local body and the only role paid by the petitioner is to arrange a car for the victim and the 1^st accused to travel to Tamil Nadu. It is submitted that he had arranged a car at the request of the 4^th

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BAIL APPL. NO. 7716 OF 2021

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accused, who is his friend. It is also submitted that the 4^th accused has been released on bail by order of this Court dated 17. 11.2021 in Bail Application No.4171 of 2021.

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I heard the learned Public Prosecutor also. The learned Public Prosecutor would submit that the role ascribed to the petitioner/5^th accused is different from the role ascribed to the 4^th accused, who was granted bail through order in Bail Application No.4171 of 2021. It is submitted that the interrogation of the petitioner is absolutely necessary for the purpose of investigation in the case. It is also submitted that the vehicle arranged by the petitioner for taking the victim girl and the 1^st accused to Tamil Nadu is yet to be recovered.

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Having regard to the facts and circumstances of the case, I am of the view that the interest of justice would be served by granting a limited custody of the petitioner to the prosecution for the purpose of investigation.

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.1308 of 2017 of

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BAIL APPL. NO. 7716 OF 2021

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Venjaramood Police Station, Thiruvananthapuram District, subject to the following conditions:

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) Petitioner shall co-operate with the investigation and appear before the investigating officer in Crime No.1308 of 2017 of Venjaramood Police Station, Thiruvananthapuram District, everyday at 10.00AM from 06.12.2021 till 06.01.2022 and thereafter whenever called upon to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant o r any witness in Crime No.1308 of 2017 of Venjaramood Police Station, Thiruvananthapuram District;

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(iv) Petitioner shall not involve in any other crime while on bail.

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(v) Petitioner shall surrender his passport before

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BAIL APPL. NO. 7716 OF 2021

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the Jurisdictional Court.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1308 of 2017 of Venjaramood Police Station, Thiruvananthapuram District, may file an application before the Jurisdictional Court, for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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Tiju Yohannan v. State of Kerala

Case brief

What is this about?

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Tiju Yohannan v. State of Kerala

Case brief

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