Allowed

Varghese V.C. v. State of Kerala

Kerala HC10 Feb 2021Bail Appl./509/2021

Case brief

AI extract

What is this about?

High Court of Kerala granted pre-arrest bail to petitioner accused of offences under IPC Sections 323, 324, 451, and 506. Court directed surrender for interrogations and dismissal of case with conditions regarding bond and conduct.

What did the court decide?

Petitioner directed to surrender before Investigating Officer on 19.2.2021 at 10.30 a.m., after which he shall be released on bail subject to conditions of bond execution and cooperation in investigat

Varghese V.C. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

¶1

Bail Appl..No.509 OF 2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶6

WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

¶7

Bail Appl..No.509 OF 2021

¶8

CRIME NO.05/2021 OF Vellathooval Police Station , Idukki

¶9

PETITIONER/ACCUSED:

¶10

VARGHESE V.C. AGED 46 YEARS VAZHAYIL HOUSE, KAMBILIKANDOM, MUKKUDAM P.O., PANAMKUTTY, 685571 685571

¶11

BY ADV. SRI.S.JIJI

¶12

RESPONDENT:

¶13

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

¶14

OTHER PRESENT:

¶15

C.N.PRABHAKARAN- SR.P.P

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Bail Appl..No.509 OF 2021

¶18

¶19

ORDER

¶20

Application for pre-arrest bail.

¶21

The petitioner is the accused in Crime No.5 of 2021 of Vellathooval Police Station registered for the offences punishable under Sections 323, 324, 451 and 506 of the Indian Penal Code.

¶22

The prosecution allegation is that on 30.11.2020 at about

¶23

3.30 p.m the petitioner has trespassed into the residential house of the defacto complainant and beaten the minor child of the defacto complainant aged 15 years with a stick and also exhibited his private part towards him and thus sexually assaulted him and thereby committed the aforesaid offences.

¶24

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

¶25

The learned counsel for the petitioner has submitted that he has been falsely implicated in the case as her daughter had made an allegation against the victim boy. But he apprehends arrest and hence, this application.

¶26

The learned Public Prosecutor opposed the application and submitted that the investigation of the case is well in progress. But he could not produce the wound certificate. It is also submitted by the

¶27

Bail Appl..No.509 OF 2021

¶28

¶29

learned Public Prosecutor that though the alleged incident was on 30.11.2020 the child was taken to the doctor for examination after one month. So no injury was noted by the doctor in the medical certificate issued. But the investigation of the case is well in progress.

¶30

It is also to be noted that though the alleged incident was on 30.11.2020 FIR was registered only on 5.1.2021. No satisfactoy explanation has been offered by the defacto complainant in this regard.

¶31

On hearing the learned counsel for the petitioner as well the learned Public Prosecutor it is revealed that the defacto complainant

¶32

and the petitioner are neighbours. There are some issues with the defacto complainant and the petitioner. But in this case I do not think that materials are sufficient to infer that custodial interrogation is quite necessary to proceed with the investigation of the case. Such being the state of affairs, I think that this petition can be disposed of directing this petitioner to surrender before the Investigating Officer on 19.2.2021 at 10.30 a.m. Upon his surrender after interrogation and recording the arrest he shall be released on bail on the very same day subject to the following conditions:

¶33

(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand

¶34

Bail Appl..No.509 OF 2021

¶35

¶36

only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in connection with the above crime.

¶37

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall cooperate with the investigation of the case.

¶38

(iii) The petitioner shall 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.

¶39

(iv) The petitioner shall not commit any offence while on bail.

¶40

In case of violation of any of the above conditions, the

¶41

learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

smm

JUDGE

Varghese V.C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Varghese V.C. 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

Irshad Vs State of Kerala

Sarath Vs State of Kerala

Murali S Vs State of Kerala

George Vs State of Kerala

Arun Vs State of Kerala

Jithu. K Vs State of Kerala