BY AD v. SHYAM PADMAN

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 SHEVONI SORAYA HASMUC, D/O SUBHAN, 20 W.A. SILVA MAWATHA, COLOMBO, SRI LANKA ( SOUGHT TO BE IMPLEADED ) BY ADVS. SHYAM PADMAN C.M.ANDREWS BOBY M.SEKHAR LAYA MARY JOSEPH HARISH ABRAHAM ASHWATHI SHYAM SWATHY SUDHIR RAM MOHAN OTHER PRESENT: PP-SRI.PRASANTH M.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No. 11081 of 2023 2 SOPHY THOMAS, J. ===================== B.A. No. 11081 of 2023 ======================== Dated this the 12th day of January, 2024 O R D E R This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by the accused in Crime No.1516 of 2023 of Chalakkudy police station, Thrissur, registered under Sections 341, 323, 324, 509 and 354 r/w 34 of IPC.

2. The prosecution allegation is that the 1st petitioner/A1 while working in a hotel at Doha had an affair with the de facto complainant, but later he started avoiding her. On 04.12.2023, when the de facto complainant and her brother reached the house of the petitioners, there occurred a scuffle resulting in minor injuries to her. Later, on 05.12.2023, the 1st petitioner/A1 reached the resort where she was working and hugged and kissed her without her consent. BA No. 11081 of 2023 3

3. Learned counsel for the additional 2nd respondent/de facto complainant submitted that, now an offence under Section 376 of IPC also has been incorporated, and so the interim bail granted to the 1st petitioner (A1) may be cancelled.

4. This Court, as per order dated 13.12.2023, granted interim bail to the petitioners, on the following conditions: “(i). The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer; (ii) The petitioners shall report before the Investigating officer in Crime No. 1516 of 2023 of Chalakkudy police Station, Thrissur district, as and when summoned to do so; (iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.1516 of 2023 of Chalakkudy police station, Thrissur district; BA No. 11081 of 2023 4 (iv) The petitioners shall not involve in any other crime while on bail; (v) The petitioners shall not leave Kerala without obtaining further orders from this Court; (vi) The petitioners shall surrender their passport before the Investigating Officer in Crime No.1516 of 2023 of Chalakkudy police station, Thrissur District.If the petitioners do not have a passport, they shall execute affidavits to that effect before the investigating officer; If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 1516 of 2023 of Chalakkudy police station, Thrissur District, may file an application before the jurisdictional Court for cancellation of bail”.

5. Learned counsel for the 2nd respondent/de facto complainant would submit that since an offence under Section 376 of IPC also is incorporated against the 1st petitioner/A1, investigation has to be progressed in that line, and since the BA No. 11081 of 2023 5 victim is a Srilankan lady, due to fear of intimidation from the part of the petitioners, she is not in a position to come down to Kerala, to co-operate with the investigation process.

6. Considering the factual situation, this Court is of the view that, while making the interim bail order dated

13.12.2023 absolute, the following conditions also can be imposed, so that an effective investigation can be conducted into the offence alleged under Section 376 of IPC, and the de facto complainant can also participate in the investigation process without fear.

7. In the result, the bail application can be allowed on the following terms, in addition to the conditions mentioned in the interim order dated 13.12.2023: i. The 1st petitioner has to surrender before the Investigating Officer on 18.01.2024 at 10 a.m and subject himself for interrogation and the Investigating Officer can collect all materials and evidence necessary for the purpose of BA No. 11081 of 2023 6 investigation, including his potency certificate, keeping him under custody till 5.00 pm. ii. If his custody is found necessary for one more day, the Investigating Officer can direct him to be present before the police station on 19.01.2024 also from 10 a.m to 5 p.m, and the 1st petitioner/A1 has to obey such directions promptly. iii. Petitioners shall not enter the limits of Irinjalakkuda Vanitha police station, except for the purpose of investigation as and when directed. iv. Petitioners shall not enter the limits of Ernakulam District where the de facto complainant proposes to stay, till investigation is over, and final report is filed, without getting prior permission of the trial court. v. Petitioners shall not contact, influence or intimidate the victim either directly or indirectly. BA No. 11081 of 2023 7 vi. In case of violations of any of these conditions, the trial court is empowered to cancel their bail, in accordance with law. vii. If it is found necessary, the victim can approach the jurisdictional police to get proper assistance, and the SHO of the concerned police station has to render necessary assistance to her considering the fact that she is a Srilankan Citizen. Imposing additional conditions as stated above, the interim order dated 13.12.2023 is made absolute. The bail application stands allowed accordingly. Sd/- SOPHY THOMAS JUDGE RMV