Allowed

Shajo S. v. State of Kerala

Kerala HC13 Dec 2021Bail Appl./8534/2021

Case brief

AI extract

What is this about?

The court disposed of two bail applications filed by four accused students charged with outraging a woman's modesty under IPC Section 354 and 354A. The High Court allowed anticipatory bail subject to conditions including execution of bonds, cooperation with investigation, and non-contact with the complainant.

What did the court decide?

Bail applications allowed; petitioners to be released on bail subject to conditions regarding bond, cooperation with investigation, and non-contact with complainant.

Shajo S. Vs State of Kerala — Child Sexual Offences (POCSO) | 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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MONDAY, THE 13^TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943

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BAIL APPL. NO. 8921 OF 2021

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CRIME NO.2086/2021 OF GANDHI NAGAR POLICE STATION, KOTTAYAM

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DISTRICT

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PETITIONERS/ACCUSED:

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1 AMAL ASOKAN AGED 29 YEARS S/O ASOKAN.P.K, POOVATHINGAL HOUSE, THODUPUZHA EAST.P.O, BANGLAVUKUNNU, PIN-685 852. 2 NANDHU JOSEPH, AGED 25 YEARS S/O JOSEPH, THURUTHEL HOUSE, ARUNOOTTIMANGALAM.P.O, K.S.PURAM, PIN-686 694.

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BY ADVS. P.A.AYUB KHAN NIJI K.SHAHUL

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RESPONDENTS:

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1 STATE OF KERALA (THE SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, CRIME NO.2086/2021)REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2 THE INSPECTOR OF POLICE, GANDHI NAGAR, KOTTAYAM DISTRICT. BY SRI. NOUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2021, ALONG WITH Bail Appl..8534/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOS. 8921 & 8534 OF 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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MONDAY, THE 13^TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA,

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1943

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BAIL APPL. NO. 8534 OF 2021

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CRIME NO.2086/2021 OF GANDHI NAGAR POLICE STATION, KOTTAYAM

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DISTRICT

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PETITIONERS/ACCUSED NOS.3 AND 4:

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1 SHAJO S. AGED 27 YEARS S/O. SHAJI T., PICHINATTUPURAYIDAM, KUDAMALOOR P.O., KOTTAYAM-686 017.

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2 ABIJITH A.S. AGED 27 YEARS S/O. SAJEEVAN A.K., ALATHIL HOUSE, PANAGAD P.O., ERNAKULAM-682 506.

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BY ADVS. P.A.AYUB KHAN NIJI K.SHAHUL

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RESPONDENTS:

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

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2 THE SUB INSPECTOR OF POLICE GANDHI NAGAR POLICE STATION, KOTTAYAM DISTRICT, PIN-686 008.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2021, ALONG WITH Bail Appl..8921/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOS. 8921 & 8534 OF 2021

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ORDER

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These are applications for anticipatory bail.

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The petitioners in these cases are accused Nos.1 to 4 in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, alleging commission of offences under Sections 354, 354A(1)(i), 354 A(1 )(iv) and 294(b) read with Section 34 of the Indian Penal Code. The petitioners in Bail Application No.8921 of 2021 are accused Nos.1 and 2, while the petitioners in Bail Application No.8534 of 2021 are accused Nos.3 and 4. The allegation against the petitioners is that they attacked the defacto complainant when she approached them asking for their identity cards in connection with the election to the Mahathma Gandhi University Senate held on 21.10.2021. It is also alleged that the petitioners attempted to outrage her modesty and thereby committed the offences under the aforesaid provisions of law.

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The learned counsel appearing for the petitioners in these cases would submit that the petitioners are all students and the clash occurred during the election to the University Senate,

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BAIL APPL. NOS. 8921 & 8534 OF 2021

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which was held on 21.10.2021. It is submitted that the petitioners owe allegiance to a student organization known as the All India Students Federation and a lady member of the All India Students Federation was attacked by some members of a student organization known as the Students Federation of India and Crime No.2084 of 2021 of Gandhi Nagar Police Station of Kottayam District was registered against some members of the Students Federation of India. It is submitted that the present crime is nothing but a counter blast to the registration of Crime No.2084 of 2021. It is submitted that, at any rate, the custodial interrogation of the petitioners is not necessary for a proper investigation into the matter. It is also submitted that if the petitioners are arrested and remanded, their career will be affected as they are all students pursuing higher courses under the Mahathma Gandhi University.

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I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that there are altogether four crimes registered at the Gandhi Nagar Police Station in connection with the election to the senate of the Mahathma Gandhi University. It is submitted that all four cases are being

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BAIL APPL. NOS. 8921 & 8534 OF 2021

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investigated thoroughly and the grant of anticipatory bail at this stage to the petitioners may affect the progress of investigation into the crime registered against the petitioners. It is submitted that if at all bail is being granted to the petitioners, the same must be on strict conditions to ensure that the petitioners do not interfere with the investigation into the crime registered against them.

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Having regard to the facts and circumstances of the case, and considering the fact that the petitioners are all students, I am of the view that the petitioners can be granted bail subject to strict conditions to ensure that they do not interfere with the investigation into Crime No.2086 of 2021 of Gandhi Nagar Police Station.

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In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, subject to the following conditions:

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(i)Petitioners shall execute separate bonds for sums of

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BAIL APPL. NOS. 8921 & 8534 OF 2021

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Rs.25,000/- (Rupees twenty five thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) Petitioners shall co-operate with the investigation and report before the investigating officer in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, as and when called upon to do so; (iii) Petitioners shall not attempt to contact the defacto complainant or to influence or intimidate any witness in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District;

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(iv) Petitioners shall not commit any other offence while on bail.

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If any of the aforesaid conditions are violated, it will be open to the investigating officer in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, to approach the Jurisdictional Court for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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Shajo S. v. State of Kerala

Case brief

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Shajo S. v. State of Kerala

Case brief

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