Allowed

Aji Kuttan v. State of Kerala

Kerala HC3 Dec 2021Bail Appl./8295/2021

Case brief

AI extract

What is this about?

Held an application for anticipatory bail in a case involvingSections 294, 324, 354, 354(B) read with Section 34 IPC. The Court allowed anticipatory bail subject to strict conditions including appearance before the investigating officer, execution of bond, and non-interference with the complainant or witnesses.

What did the court decide?

Petitioner to be released on bail upon arrest in Crime No.992/2021 of Kayamkulam Police Station subject to conditions.

Aji Kuttan Vs State of Kerala — 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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FRIDAY, THE 3RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943
BAIL APPL. NO. 8295 OF 2021

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CRIME NO.992/2021 OF Kayamkulam Police Station, Alappuzha
PETITIONER/ACCUSED NO.2:

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AJI KUTTAN,AGED 26 YEARS
S/O. AJITH KUMAR, AJITH BHAVANAM, KAPPIL, KRISHNAPURAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL

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RESPONDENT/RESPONDENT:

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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.

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BY SRI. C.N. PRABHAKARAN, SR. PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 BAIL APPL. NO. 8295 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the accused in Crime No.992/2021 of Kayamkulam police station, alleging commission of offences under Sections 294(b), 324, 354, 354(B) r/w. Section 34 of the Indian Penal Code.

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The allegation against the petitioner is that , when there occurred an altercation between the petitioner and the other accused with the driver of a mini van regarding overtaking of the van in a rash and negligent manner, the de facto complainant came out from the shop to enquire about the same and at that time, she was assaulted and molested by the petitioner and others.

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Learned counsel appearing for the petitioner submits that the complaint has been given maliciously. It is submitted that the 1^st accused in the case was attacked brutally by the driver of the van and others and he had been treated for a fracture on his skull. It is submitted that in order to hide up that issue and as a counterblast, the present complaint has been given by the de facto complainant.

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 BAIL APPL. NO. 8295 OF 2021 3

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I have heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the case, I am of the view that custodial interrogation of the petitioner may not be necessary for the proper investigation into the matter. However, in order to ensure that the petitioner co-operates with the investigation, limited custody can be granted to the prosecution. I am therefore of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.992/2021 of Kayamkulam police Station subject to the following conditions:-

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(i) Petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No.992/2021 of Kayamkulam Police station every day at 09.00 am from 06.12.2021 till 12.12.2021 and thereafter, whenever called upon to do so;

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 BAIL APPL. NO. 8295 OF 2021 4

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(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.992/2021 of Kayamkulam police station;

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(iv) 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. 992/2021 of Kayamkulam police station may file an application before the jurisdictional Court, for cancellation of bail.

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sd/-

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GOPINATH P.

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JUDGE

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ajt

Aji Kuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aji Kuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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