Kerala High Court
Jemmy vs State Of Kerala on 5 November, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.13108/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 5TH DAY OF NOVEMBER 2025 / 14TH KARTHIKA, 1947
BAIL APPL. NO. 13108 OF 2025
CRIME NO.755/2025 OF Puthenvelikkara Police Station, Ernakulam
AGAINST THE ORDER DATED 21.10.2025 IN CRMC NO.2809 OF 2025
OF ADDITIONAL SESSIONS COURT - VII, ERNAKULAM / JUDGMENT DATED
24.05.2025 IN CC NO.257 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT- III, NORTH PARAVUR
PETITIONER/ACCUSED:
1 JEMMY, AGED 56 YEARS, S/O METTY ANTHAPPAN, PANACKAL
HOUSE, CHERUKADAPPURAM,NORTH KUTHIYATHODE P.O.,
PUTHANVELIKARA, ERNAKULAM, PIN - 683594
2 JOSHY, AGED 56 YEARS, S/O ANTHAPPAN, PANACKAL
HOUSE, CHERUKADAPPURAM, NORTH KUTHIYATHODE P.O.,
PUTHANVELIKARA, ERNAKULAM, PIN - 683594
BY ADVS. SRI.PRASUN.S
SRI.N.A.RETHEESH
RESPONDENTS/STATE COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE SUB-INSPECTOR OF POLICE, PUTHENVELIKARA POLICE
STATION, ERNAKULAM 15, PIN - 683515
SMT.PUSHPALATHA-SR.GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.13108/2025
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ORDER
This application is filed u/s 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking pre-arrest bail.
2. The applicants are the accused Nos.1 and 2 in
Crime No.755/2025 of Puthanvelikkara Police Station, Ernakulam
District. The offences alleged are punishable under Sections
126(2), 296(b), 351(2), 115(2), 118(1), 74 and 3(5) of the
Bharathiya Nyaya Sanhita, 2023 (for short, the BNS)
3. The prosecution case, in short, is that on
28.09.2025 at about 8.20 am, while the defacto complainant and
her family were returning after their morning mass in Fatima Mata
Church, the accused restrained them and the accused No.1 uttered
words having sexual overtures so as to outrage her modesty and
attacked the husband of the defacto complainant. Thereafter, the
accused No.2 beat her husband as well as the defacto complainant
and her son. The accused also threatened to kill the husband of
the defacto complainant and thereby committed the offences.
4. I have heard Sri. Prasun S., the learned counsel
for the applicants and Smt. Pushpalatha, the learned Senior Public
Prosecutor. Perused the case diary.
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5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely implicated in
the present case. The counsel further submitted that no materials
are on record to connect the applicants with the alleged crime;
hence, they are entitled to get bail. The learned Senior Public
Prosecutor, on the other hand, submitted that the alleged incident
occurred as a part of the intentional criminal acts of the applicants,
and if they are released on bail at this stage, it will affect the
course of the investigation.
6. The only non bailable offences alleged are under
Sections 74 and 118(1) of the BNS. I went through the FIS. There
are no allegations to attract the offences under Sections 74 and
118(1). There are no allegation to attract the offence under
Section 118(1) against the applicant No.1 also. So far as the
allegation against the applicant No.2 is concerned, he hit the
defacto complainant with an umbrella. The applicants have no
criminal antecedents. The investigation has reached an advanced
stage. Considering the allegations levelled against the applicants,
their custodial interrogation does not appear to be necessary. For
these reasons, it is a fit case where pre-arrest bail can be granted
to the applicants.
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In the result, the application is allowed on the following
conditions:-
(i) The applicants shall be released on bail in the
event of their arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) each with two solvent sureties for the like
sum each to the satisfaction of the arresting officer/investigating
officer, as the case may be.
(ii) The applicants shall fully cooperate with the
investigation, including subjecting themselves to the deemed police
custody for discovery, if any, as and when demanded.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicants shall not commit any offence of a
like nature while on bail.
(v) The applicants shall not attempt to contact any of
the prosecution witnesses, directly or through any other person, or
in any other way try to tamper with the evidence or influence any
witnesses or other persons related to the investigation.
(vi) The applicants shall not leave the State of Kerala
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without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
bail conditions or cancellation of bail on the grounds of violating the
bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF BAIL APPL. 13108/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE DISCHARGE SUMMARY DATED
29.09.2025 IS ISSUED WITH RESPECT TO THE
FIRST APPLICANT ISSUED FROM THEDON BOSCO
HOSPITAL NORTH PARAVUR ON 28.09.2025
Annexure A2 TRUE COPY OF THE ORDER DATED 21.10.2025
IN CRL.M.C.NO.2809OF 2025 OF THE
ADDITIONAL SESSIONSCOURT- VII, ERNAKULAM
Annexure A3 TRUE COPY OF THE JUDGMENT DATED
24.05.2025 IN C.C.NO.257 OF 2022 OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT
-III, NORTH PARAVUR
Annexure A4 TRUE COPY OF THE DISCHARGE CERTIFICATE
ISSUED IN FAVOUR OF THE
APPLICANTS/ACCUSED DATED 29.09.2025
ISSUED FROM THE DON BOSCO HOSPITAL, NORTH
PARAVUR INSTEAD OF WHICH ANOTHER DOCUMENT
WAS INADVERTENTLY AND MISTAKENLY ANNEXED
TO PRESENT BAIL APPLICATION AS ANNEXURE
A2 THOUGH IT WAS CORRECTLY STATED IN THE
STATEMENT OF FACTS IN THE PRESENT BAIL
APPLICATION
Annexure A5 TRUE COPY OF THE COMPLAINT ISSUED IN
RESPECT OF THE OCCURRENCE BY THE WIFE OF
THE SECOND APPLICANT/2ND ACCUSED BEFORE
THE STATION HOUSE OFFICER,
PUTHENVELIKKARA POLICE STATION
Annexure A6 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED
FROM THE PUTHENVELIKKARA POLICE STATION
IN RESPECT OF ANNEXURE A5
