Rejoy Jacob vs State Of Kerala
2022 Latest Caselaw 9929 Ker

BAIL APPL. NO. 6493 OF 2022



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       BAIL APPL. NO. 6493 OF 2022
PETITIONER/S:

           REJOY JACOB
           AGED 38 YEARS
           S/O. LATE JACOB, KALATHIL HOUSE, KADALVATHURUTH, GOTHURUTH
           P.O, PIN - 683516
           BY ADVS.
           VAISAKHI V.
           BABU KARUKAPADATH
           M.A.VAHEEDA BABU
           P.U.VINOD KUMAR
           ARYA RAGHUNATH
           T.M.MUHAMMED MUSTHAQ
           AJWIN P LALSON
           KARUKAPADATH WAZIM BABU
           P.LAKSHMI
           AYSHA E.M.


RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY STATION HOUSE OFFICER, MULAVUKAD POLICE
           STATION, MULAVUKAD, ERNAKULAM, PIN - 682504
OTHER PRESENT:

           0
           PP SMT.M.K PUSHPALATHA


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6493 OF 2022



                        BECHU KURIAN THOMAS, J.
                    ===========================
                          B.A.No. 6493 of 2022
                   ============================
                       Dated this the 31st day of August, 2022


                                         ORDER

This is an application seeking pre-arrest bail filed under Section 438

of Code of Criminal Procedure, 1973.

2. Petitioner is the first accused in Crime No. 652/2021 of Mulavukad

Police Station, Ernakulam District, alleging offences under Section 498A,

377, 120B, 406 and 420 of the Indian Penal Code, 1860.

3. The prosecution case is that the petitioner, who is the husband of

the defacto complainant, along with the other accused, physically and

mentally harassed the defacto complainant apart from committing

offences under Section 377 of the IPC.

4. The learned counsel appearing for the petitioner would submit that

petitioner is absolutely innocent in the matter and that he is falsely

implicated in a crime for justifying a matrimonial dispute.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and

considering the nature of the allegations, I am of the opinion that petitioner

ought to be granted anticipatory bail, subject to conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

BAIL APPL. NO. 6493 OF 2022

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court

shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law, notwithstanding the bail

having been granted by this Court.

BECHU KURIAN THOMAS JUDGE jm/ BAIL APPL. NO. 6493 OF 2022

APPENDIX OF BAIL APPL. 6493/2022

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE PHOTOGRAPH TAKEN AT CHERAI BEACH Annexure A2 A TRUE COPY OF THE PHOTOGRAPH DATED 19/05/2019 TAKEN AT THE AFOREMENTIONED WEDDING Annexure A3 A TRUE COPY OF THE PHOTOGRAPH DATED 29/06/2019 TAKEN AT THE BIRTHDAY FUNCTION OF THE DEFACTO COMPLAINANT AT THE RESIDENCE OF THE PETITIONER Annexure A4 A TRUE COPY OF THE PHOTOGRAPH DATED 13/07/2019 TAKEN AT THE AFOREMENTIONED HOLY COMMUNION FUNCTION AT CHALAKKUDI Annexure A5 A TRUE COPY OF THE PHOTOGRAPH DATED 25/08/2019 TAKEN ON THE WEDDING DAY OF THE PETITIONER'S COUSIN SENT BY THE DEFACTO COMPLAINANT TO THE PETITIONER Annexure A6 A TRUE COPY OF THE O.P.NO. 135/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM Annexure A7 A TRUE COPY OF THE COMPLAINT DATED 01/07/2021 FILED BY THE DEFACTO COMPLAINANT BEFORE THE HON'BLE JFCM COURT-I, ERNAKULAM Annexure A8 A TRUE COPY OF THE ORDER/JUDGMENT DATED 29/10/2021 IN BAIL APPL. NO. 6897/2021 BEFORE THE HON'BLE HIGH COURT OF KERALA