Kerala High Court
V.P. Joseph vs State Of Kerala on 10 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
BAIL APPL. NO. 3701 OF 2024
CRIME NO.360/2024 OF Koothattukulam Police Station,
Ernakulam
PETITIONER:
V.P. JOSEPH
AGED 53 YEARS
S/O. PATHROSE, VILANGAPARAYIL HOUSE,
EDAYAR VILLAGE, EDAYAR KARA, KOOTHATTUKULAM,
ERNAKULAM DISTRICT, PIN - 686662
BY ADV R.RAJASREE (CHUTTIMATTATHIL)
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
OTHER PRESENT:
SANGEETHARAJ N R
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.3701 of 2024 2
JOHNSON JOHN, J.
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B.A No.3701 of 2024
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Dated this the 10th day of May, 2024.
ORDER
This is an application seeking anticipatory bail.
2. The petitioner is the sole accused in crime No.360 of
2024 of Koothattukulam Police Station, Ernakulam District
registered for offences punishable under Sections 354A and 354B,
323, 447, 506, 509 and 224 of IPC.
3. The prosecution case is that when the defacto
complainant questioned the accused regarding the unloading of
waste and rubbles in the pathway leading to the house of the
defacto complainant, the accused addressed the defacto
complainant in obscene words and pushed on her chest and
caught on her hand and also torn her nighty at 9.30 am on 17-04-
2024 and thereby committed the aforesaid offences.
4. In the petition it is stated that the petitioner is innocent
and that it was the defacto complainant, who uttered obscene
words and slapped the petitioner on his face and against the
defacto complainant, Crime No.364 of 2024 of Koothattukulam
Police Station was also registered. It is also submitted that there
was a civil case on the file of the Munsiff's Court, Muvattupuzha as
O.S No.820 of 1999 regarding the pathway.
5. Learned Public Prosecutor has no serious objection in
granting the pre-arrest bail to the petitioner, subject to stringent
conditions.
In the result, this application is allowed on the following
conditions:
1. The petitioner shall surrender before the Investigating
Officer within a period of two weeks from today, for subjecting
himself for interrogation.
2. After interrogation, the petitioner shall be released on bail
on the very same day on executing a bond for Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for
the like sum to the satisfaction of the Investigation Officer.
3. The petitioner shall appear before the investigating officer
in Crime No.360 of 2024 of Koothattukulam Police Station, on
every Saturday at 11.00 a.m. till the final report is filed.
4. The petitioner shall appear before the Investigating
Officer as and when required.
5. The petitioner shall not attempt to influence the defacto
complainant or interfere with the investigation or to influence or
intimidate any witness in Crime No. 360 of 2024 of
Koothattukulam Police Station ;
6. The petitioner shall not involve in any other crime while on
bail.
If any of the above conditions are violated, the Investigating
Officer in Crime No. 360 of 2024 of Koothattukulam Police Station
can file application before the jurisdictional Court, for cancellation
of bail.
Sd/- JOHNSON JOHN, JUDGE.
amk
APPENDIX OF BAIL APPL. 3701/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE RECEIPT DATED
17/4/2024 ISSUED BY THE KOOTHATTUKULAM
POLICE STATION, ERNAKULAM DISTRICT
Annexure A2 TRUE COPY OF THE COMPLAINT DATED
17/4/2024 FILED BY THE PETITIONER
BEFORE THE SUPERINTENDENT OF POLICE ,
ERNAKULAM RURAL
Annexure A3 TRUE COPY OF THE OUTPATIENT TICKET
DATED 17.4.2024 ISSUED FROM THE
GOVERNMENT HOSPITAL KOOTHATTUKULAM
Annexure A4 TRUE COPY OF THE FIR IN CRIME NO.
364/2024 DATED 21/4/2024 OF
KOOTHATTUKULAM POLICE STATION,
ERNAKULAM DISTRICT
Annexure A5 TRUE COPY OF THE JUDGMENT AND DECREE
DATED 29/8/2002 IN O.S. NO. 820/1999 OF
MUNSIFF COURT, MUVATTUPUZHA
