Ponnappan vs State Of Kerala

Kerala High Court

Ponnappan vs State Of Kerala on 21 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
      TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      BAIL APPL. NO. 1924 OF 2024
    CRIME NO.148/2024 OF CHINGAVANAM POLICE STATION, KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED 29.02.2024 IN CRMP NO.518 OF 2024
           OF DISTRICT COURT & SESSIONS COURT, KOTTAYAM
PETITIONER/ACCUSED:

          PONNAPPAN,
          AGED 68 YEARS
          S/O. PARAMESWARANACHARI,
          PARAPARAMBIL HOUSE, KUZHIMATTOM P.O.,
          CHINGAVANAM, KOTTAYAM, PIN - 686533

          BY ADVS.
          JAYARAMAN S.
          ALEN J. CHERUVIL


RESPONDENT/STATE:

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

          SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION          ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 1924 OF 2024
                                2



                            ORDER

Dated this the 21st day of May, 2024 This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by the sole accused in crime No.148/2024 of Chingavanam Police Station, Kottayam.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents form part of the case diary.

3. The prosecution allegation is that on 07.12.2023, while the de facto complainant, who is the wife of the son of the petitioner, was alone at the matrimonial home, the petitioner, who is her father-in-law, caught hold of her from behind while she was changing her dress at her room. On this premise, the prosecution alleges commission of offence punishable under Section 509 read with Section 354 of IPC.

4. The learned counsel for the petitioner would submit that even though anticipatory bail plea was raised before the BAIL APPL. NO. 1924 OF 2024 3 Sessions Court, the learned Sessions Judge dismissed the application. According to the learned counsel for the petitioner, the allegations are false and the de facto complainant is aggrieved in the matter of execution of a will deed by the petitioner in favour of the husband of the de facto complainant as well as the grandson of the petitioner, who born in the first marriage of the petitioner's husband. The learned counsel for the petitioner offered cooperation in the matter of investigation. That apart, the petitioner is ready to abide by any conditions as a pre-requisite for grant of anticipatory bail.

5. Though the learned Public Prosecutor formally opposed bail, the overt act alleged against the petitioner inside the matrimonial home is a matter of evidence. Since investigation is possible even without custodial interrogation, the petitioner can be enlarged on anticipatory bail by imposing conditions.

In the result, this petition stands allowed. The petitioner is enlarged on anticipatory bail on the following conditions:

BAIL APPL. NO. 1924 OF 2024 4 i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner and record his statement. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of arrest itself.

ii. On such production, Jurisdictional Court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand) by himself and by two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

iv. The petitioner shall not, intimidate the witnesses or interfere with the investigation in any manner. v. The petitioners shall not commit any offence during the currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN JUDGE nkr