Allowed

Jose v. State of Kerala

Kerala HC29 Feb 2016Bail Appl./1479/2016

Case brief

AI extract

What is this about?

The Court considered an anticipatory bail application regarding offences of outraging modesty, simple hurt, assault, and criminal breach of peace. Granting bail to the first two petitioners as the third was deleted, subject to specific conditions including appearance, non-trespass, and periodic reporting.

What did the court decide?

Pre-arrest bail allowed for first and second petitioners subject to conditions of appearance, non-trespass, reporting, and execution of bond.

Jose Vs State of Kerala — Anticipatory Bail | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 1937

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Bail Appl..No. 1479 of 2016

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CRIME NO. 469/2016 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM

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PETITIONER(S)/ACCUSED 1-3:

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-------------------------------------------

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1. JOSE, AGED 55 YEARS, MANIYIRIKKAL HOUSE, KUNNAKKAL P.O., VALAKOM VILLAGE, ERNAKULAM DISTRICT.

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2. GRACY, AGED 50 YEARS, W/O. JOY, MANIYIRIKKAL HOUSE, KUNNAKKAL P.O., VALAKOM VILLAGE, ERNAKULAM DISTRICT.

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3. JOY, AGED 65 YEARS, MANIYIRIKKAL HOUSE, KUNNAKKAL P.O., VALAKOM VILLAGE, ERNAKULAM DISTRICT.

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BY ADVS.SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP

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RESPONDENT(S)/COMPLAINANT:

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------------------------------------------------

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

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

msv/

SUNIL THOMAS, J.

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B.A.No.1479 of 2016

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=================

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Dated this the 29^th day of February, 2016

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ORDER

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Petitioners apprehend arrest in Crime No.469 of 2016

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of Moovattupuzha Police Station for offences punishable under Sections 323, 341, 354 and 447 r/w Section 34 of the Indian Penal Code.

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According to the prosecution, on 14.02.2016 at about 6.25 p.m., accused trespassed into the property of the de facto complainant and outraged her modesty.

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Learned counsel for the de facto complainant vehemently opposed the application for bail especially in relation to the application by the third petitioner. However, learned Public Prosecutor on instructions submitted that the third petitioner has been deleted from the party array and only the first and second petitioners now remain as accused.

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It appears that the parties are related to each other and are neighbours. Having regard to the nature of allegations, I feel that pre-arrest bail can be granted to the first and second petitioner subject to the following conditions.

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B.A.1479 /16

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(i) The first and second petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If they are proposed to be arrested, they shall be released on bail on they executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two sureties each for the like sum each.

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(ii) They shall not trespass into the house of the de facto complainant nor shall they threaten, coerce or intimidate them in any manner.

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(iii) They shall appear before the Investigating Officer on all Tuesdays between 9 a.m. and 10 a.m. for a period of two months from the date of execution of the bond as above.

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(iv) They shall not get involved in any other offence, involvement of which will entail the cancellation of this bail.

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The anticipatory bail application is allowed as above.

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Sd/- SUNIL THOMAS Judge

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Sbna/29/2/16

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True Copy

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P A to Judge

Jose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jose v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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