Disposed

Amal Siby, v. State of Kerala

Kerala HC14 Feb 2024Bail Appl./254/2024

Case brief

AI extract

What is this about?

Four students sought pre-arrest bail for trespass into the defacto complainant's home, destruction of window panes, criminal intimidation and outraging her modesty. The court declined pre-arrest bail and directed surrender before the Investigating Officer by a fixed date.

What did the court decide?

Pre-arrest bail declined; petitioners to surrender before IO on or before 20.02.2024; Magistrate to consider regular bail application on its own date of filing.

Amal Siby, Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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 WEDNESDAY, THE 14 TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945

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BAIL APPL. NO. 254 OF 2024
CRIME NO.1850/2023 OF Adoor Police Station, Pathanamthitta
PETITIONERS/ACCUSED:

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1 AMAL SIBY, AGED 26 YEARS S/O.SIBY, KAKKAMPARAMBIL HOUSE, CHANGANASSERRY P.O, KOTTAYAM DISTRICT, PIN - 686101

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2 PRANAV. J.S., AGED 20 YEARS S/O.JAYAKUMAR, KALLOTTU PUTHENVEEDU, VADAKKADATHUKAVU P.O, ADOOR, PATHANAMTHITTA, PIN - 691526

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3 DILIN, AGED 22 YEARS S/O.HARICHANDRAN, EDAMALA COLONY, PADICHIRA P.O, WAYANAD, PIN - 673579

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4 VISAKH RAVI, AGED 20 YEARS S/O.RAVI, IDMALA COLONY, PADICHIRA, WAYANAD, PIN - 673579

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BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR R.K.PRASANTH
MINIKUMARY M.V. JIJO JOSEPH

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 STATION HOUSE OFFICER, ADOOR POLICE STATION, ADOOR.P.O, PATHANAMTHITTA DISTRICT, PIN - 691523

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 B.A.NO.254 OF 2024

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SR.PP-SRI.VIPIN NARAYANAN

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 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2024,
 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 B.A.NO.254 OF 2024

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ORDER

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Dated this the 14^th day of February, 2024

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This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by accused Nos.1 to 4 in crime No.1850 of 2023 of Adoor Police Station, Pathanamthitta, registered under Sections 143, 144, 147, 149, 452, 354A(1)(ii), 354B, 427 and 506 of IPC.

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The prosecution allegation is that, on 21.12.2023 at 11.45 p.m., the petitioners and other identifiable accused persons trespassed into the house of the defacto complainant, destroyed the window pane glasses, criminally intimidated her, outraged her modesty, and committed mischief to the tune of Rs.1,00,000/-.

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Heard learned counsel for the petitioners and learned Public Prosecutor.

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 B.A.NO.254 OF 2024

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Learned Public Prosecutor opposed the bail

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application.

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Learned counsel for the petitioners would submit that during the Christmas celebration of the College Union of NSS College, Pandalam, on 21.12.2023, the son of the defacto complainant and others attacked the petitioners, and crime No.1202 of 2023 of Pandalam Police Station was registered on 21.12.2023 at 6.48 p.m. Only as a retaliation, a false complaint was lodged implicating the petitioners herein. There is no allegation that the petitioners caused bodily hurt to anybody, though there is allegation that they outraged the modesty of the defacto complainant. They are students and they are ready to abide by any conditions imposed by this Court.

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It is true that no bodily injury has been caused to anybody in this incident. But the prosecution

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 B.A.NO.254 OF 2024

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allegation is that due to previous enmity, and sharing common intention, the petitioners trespassed into the house of the defacto complainant at midnight and committed mischief by destroying the window pane glasses, causing loss of Rs.1,00,000/-. They threatened the defacto complainant showing a knife and outraged her modesty also. In such circumstances, this Court is not inclined to release them on pre-arrest bail.

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The petitioners are directed to surrender before the Investigating Officer on or before 20.02.2024 and in the event of arrest, they shall be produced before jurisdictional magistrate on the date of arrest itself. Their regular bail application, if any, shall be considered on merit by the learned Magistrate on the date of application itself as far as possible, and pass appropriate orders thereon, taking into account the present stage of investigation, and the need for custodial interrogation of

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 B.A.NO.254 OF 2024

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the petitioners, who are college students.

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With the above directions this bail application is

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disposed of.

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Sd/SOPHY THOMAS JUDGE

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SSK/14/02

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 B.A.NO.254 OF 2024

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 PETITIONER ANNEXURES

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Annexure 1 TRUE COPY OF THE F.I.R NO. 1850/2023 OF ADOOR POLICE STATION DATED 22.12.2023

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Annexure 2 TRUE COPY OF THE FIR NO. 1202/2023 DATED 21.12.2023 OF PANDALAM POLICE STATION

Amal Siby, v. State of Kerala

Case brief

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Amal Siby, v. State of Kerala

Case brief

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