Disposed

Pradeep @ Kochumon v. State of Kerala

Kerala HC15 Feb 2021Bail Appl./127/2021

Case brief

AI extract

What is this about?

The High Court at Ernakulam heard a bail application seeking anticipatory relief under Section 438 Cr.P.C. regarding a charge under Section 354 IPC. Rejecting the plea, the court directed the petitioner to surrender within ten days for investigation.

What did the court decide?

Petitioner directed to surrender before the Investigating Officer within ten days for investigation. Bail application disposed of with conditions for future proceedings.

Pradeep @ Kochumon Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

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Bail Appl..No.127 OF 2021

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CRIME NO.1170/2020 OF ALAPPUZHA NORTH POLICE STATION , Alappuzha

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PETITIONER/S:

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PRADEEP @ KOCHUMON AGED 40 YEARS SON OF PONNAPPAN, CHEMBEZHATHU, CANAL WARD, 688007

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BY ADVS. SRI.GOKUL DAS V.V.H. SRI.E.RAFEEK

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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C N PRABHAKARAN PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.127 OF 2021

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P.V.KUNHIKRISHNAN, J.

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

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B.A. No. 127 of 2021

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

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Dated this the 15^th day of February, 2021

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O R D E R

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This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

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Petitioner is the accused in Crime No.1170 of 2020 of North Police Station, Alappuzha. The above case is registered against the petitioner alleging offence punishable under Section 354 of the IPC. The Public Prosecutor submitted that now, the case is transferred to Vanitha Police Station, Alappuzha.

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The prosecution case is that on 5.12.2020 at about 7.30 p.m., the petitioner herein pressed the breast of the defacto complainant and thereby, outraged her modesty. The specific allegation is that when the defacto complainant

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Bail Appl..No.127 OF 2021

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reached the house of the accused to iron her clothes, the

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accused committed this offence.

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Heard the counsel for the petitioner and the Public Prosecutor.

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The counsel for the petitioner submitted that the entire allegation against the petitioner is a false case. The counsel submitted that the alleged incident happened in the presence of the wife of the petitioner. The counsel submitted that such an incident is improbable in the facts and circumstances. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grants him bail.

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The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that now, the case is transferred to Vanitha Police Station and the matter is being investigated by the officer concerned. The presence of

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the petitioner is necessary for interrogation.

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After hearing both sides, I think this is not a fit case,

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Bail Appl..No.127 OF 2021

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in which the petitioner can be released on bail under Sec.438 Cr.P.C. At this stage, the counsel for the petitioner submitted

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that the petitioner will surrender before the Investigating Officer and will co-operate with the investigation. Therefore, this bail application is disposed of with the following directions.

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The petitioner will surrender before the

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Investigating Officer within ten days from today.

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If the petitioner surrender before the

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Investigating Officer, the Investigating

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Officer can interrogate him. After

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interrogation if the petitioner is arrested, he

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will be produced before the jurisdictional

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court on the same day.

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At that stage, if any bail application is

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filed by the petitioner after giving prior

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Bail Appl..No.127 OF 2021

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notice to the Prosecutor concerned, the

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learned Magistrate will consider the bail

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application preferably on the date of filing

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of the same itself.

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Sd/P.V.KUNHIKRISHNAN JUDGE

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SKS

Pradeep @ Kochumon v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pradeep @ Kochumon v. State of Kerala

Case brief

What is this about?

What did the court decide?

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