Allowed

Joseph Thomas @ Rarichan v. State of Kerala

Kerala HC6 Mar 2014Bail Appl./1337/2014

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the accused in a rape case. He is required to execute a bond of 50,000 with sureties, appear for interrogation on specific days, and file affidavits regarding passports and non-interference.

What did the court decide?

Bail granted to the petitioner subject to conditions including a bond of 50,000 with sureties, surrender on Mondays for interrogation, and filing of affidavits regarding passport and non-interference.

Joseph Thomas @ Rarichan Vs State of Kerala — Bail and Remand | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

¶4

THURSDAY, THE 6TH DAY OF MARCH 2014/15TH PHALGUNA, 1935

¶5

Bail Appl..No. 1337 of 2014 () ------------------------------CRMP 480/2014 of J.M.F.C., ALATHUR CRIME NO.105/2014 OF WADAKKANCHERRY POLICE STATION

¶6

PETITIONER/ACCUSED :-

¶7

JOSEPH THOMAS @ RARICHAN S/O. THOMAS, AGED 42 YEARS, PERUMBALLI HOUSE MARYGIRI, KANNAMBRA VILLAGE, PANNIYANKARA P.O. PALAKKAD DISTRICT.

¶8

BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)

¶9

RESPONDENTS :-

¶10

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶11

2. SUB INSPECTOR OF POLICE, VADAKKANCHERY POLICE STATION, PALAKKAD DISTRICT.

¶12

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

jvt

¶15

N.K.BALAKRISHNAN, J.

¶16

B.A. No.1337 of 2014

¶17

Dated this the 6^th day of March 2014

¶18

O R D E R

¶19

Petitioner is the accused in Crime No.105/2014 of Vadakkenchery Police Station. The offences alleged against him are punishable under Secs.341, 323, 324, 427 and 376 of IPC. It is alleged that on 16.1.2014, because of the threat, the victim/complainant went to the estate house of the accused at about 2 PM from where, she was raped by the accused. When the complainant resisted, she was beaten by the accused, hit her with stone, tore her clothes and damaged her scooter. Petitioner has been in custody from 20.1.2014.

¶20

Learned counsel for the petitioner submits that this is only a counter blast to Annexure A2 complaint given by the wife of the petitioner herein. That complaint was given on 17.1.2014 at about 2 PM. It appears, there was some relationship between the petitioner and the

¶21

B.A. No.1337 of 2014

¶22

-: 2 :-

¶23

complainant earlier and that matter was settled as can be seen from the statement given by the complainant herself.

¶24

Considering all the aspects, the petitioner is

¶25

granted bail subject to the following conditions:

¶26

a. The accused shall execute a bond for 50,000/-₹ (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

¶27

b. The accused shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.

¶28

c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

¶29

d. The accused will also file affidavit that he will

¶30

B.A. No.1337 of 2014

¶31

-: 3 :-

¶32

abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶33

e. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

¶34

Sd/N.K.BALAKRISHNAN,

JUDGE.

//TRUE COPY//

P.A. TO JUDGE

Jvt

Joseph Thomas @ Rarichan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joseph Thomas @ Rarichan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijayan Vs State of Kerala

Sunil @ Punchiry Vs State of Kerala

Alavi Kollaparamban Vs State of Kerala

Pramod Vs State of Kerala

Abdul Saleem Vs the State of Kerala

Noorudheen T.K Vs State of Kerala