Allowed

Thomas @ Tomy v. State of Kerala

Kerala HC9 Dec 2021Bail Appl./5197/2021

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to Thomas @ Tomy in an accusation of exhibiting nudity towards a minor under IPC and POCSO, releasing him on bond with conditions despite prior pending cases and rowdy list status.

What did the court decide?

Petitioner released on bail with Rs.50,000 bond conditions including cooperation with investigation and non-interference with witnesses.

Thomas @ Tomy Vs State of Kerala — Child Sexual Offences (POCSO) | 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 GOPINATH P.

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THURSDAY, THE 9^TH DAY OF DECEMBER 2021 / 18TH AGRAHAYANA,

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1943

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BAIL APPL. NO. 5197 OF 2021

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CRIME NO.531/2021 OF IDUKKI POLICE STATION

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PETITIONER/ACCUSED:

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THOMAS @ TOMY AGED 58 YEARS S/O. DEVASSIA, KOTTAPLACKAL HOUSE, MARIYAPURAM KARA, THANKAMANI VILLAGE.

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BY ADVS. LIJI.J.VADAKEDOM REXY ELIZABETH THOMAS(K/635/1995)-21107STATE OF KERALA RAJEEV JYOTHISH GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

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2 CIRCLE INSPECTOR OF POLICE (STATION HOUSE OFFICER), IDUKKI POLICE STATION, IDUKKI COLONY P.O, IDUKKI - 685602.

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OTHER PRESENT:

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SRI. C.N. PRABHAKARAN (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5197 OF 2021

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..2..

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.531 of 2021 of Idukki Police Station, which was registered alleging commission of offences under Sections 294(b) and 509 of the Indian Penal Code and Section 12 r/w Section 11(i) of the POCSO Act.

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The allegation against the petitioner is that he exhibited nudity to the victim girl, who was aged only 17 years, during an altercation between the petitioner and the grand father of the victim girl.

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The learned counsel for the petitioner submits that there are many civil disputes between the petitioner and the family of the alleged victim. It is also pointed out that on 12.05.2021, the son of the petitioner had obtained Annexure-VI stop memo against the mother of the victim girl, interdicting some construction undertaken by the mother of the victim girl. It is submitted that thereafter, the incident of indecent behaviour of the petitioner was alleged on 17.06.2021 and the complaint was filed on 18.06.2021. It is also submitted that while there was a wordy altercation between the petitioner and the grandfather of the victim girl on 17.06.2021, there was no occasion for the petitioner to exhibit nudity in the

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..3..

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BAIL APPL. NO. 5197 OF 2021

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presence of the minor victim girl.

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The learned Public Prosecutor, on instructions, submits that the petitioner is not entitled to anticipatory bail. It is submitted that the petitioner is the accused in at least four other cases, viz., Crime Nos. 206/2007, 79/2014, 329/2015 and 330/2015. It is also submitted that there are also mass petitions against the petitioner on account of his belligerent and indecent behaviour and on account of nuisance created in the locality by the petitioner. It is also pointed out that the petitioner has been included in the 'rowdy list' of Idukki Police Station in terms of the provisions contained in the Kerala Police Manual. It is submitted that grant of anticipatory bail to the petitioner will result in more nuisance in the area and may affect the progress of the investigation.

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The learned counsel for the petitioner submits that Crime No.206/2007 was charge sheeted and taken on file by the Judicial First Class Magistrate Court-I, Idukki as CC No.360/2007 and despite being convicted by the trial court, the petitioner was acquitted by the appellate court. Reference is made to Annexure-VIII judgment in this regard. Insofar as Crime No. 79/2014 is concerned, it is submitted that the same was charge sheeted and taken on file by the Judicial First Class Magistrate

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BAIL APPL. NO. 5197 OF 2021

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..4..

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Court, Idukki as CC No. 296/2014. Reference is made to Annexure-IX judgment to show that the petitioner was acquitted in that case. Insofar as Crime Nos.329/2015 & 330/2015 are concerned, it is submitted that those were cases alleging commission of minor offences such as affray and commission of nuisance under the influence of alcohol and the petitioner pleaded guilty of the offence. It is submitted that the inclusion of the petitioner in the 'rowdy list' of Idukki Police Station is inappropriate and incorrect and contrary to the provisions of the Kerala Police Manual.

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Having regard to the facts and circumstances of the case and taking into account the allegations against the petitioner and also taking into account the fact that the earlier offences alleged to have been committed by the petitioner have culminated in the manner indicated above, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. The custodial interrogation of the petitioner may not be necessary for a proper investigation into the matter.

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.531 of 2021 of Idukki Police Station,

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..5..

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BAIL APPL. NO. 5197 OF 2021

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subject to the following conditions:

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(a) Petitioner shall execute bond for a sum of Rs.50,000/(Rupees fifty thousand) with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court.

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(b) Petitioner shall co-operate with the investigation and appear before the investigating officer in Crime No.531 of 2021 of Idukki Police Station, whenever called upon to do so;

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(c) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.531 of 2021 of Idukki Police Station;

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(d)Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.531 of 2021 of Idukki Police Station, may file an application before the Jurisdictional Court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/09.12.2021

Thomas @ Tomy v. State of Kerala

Case brief

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Thomas @ Tomy v. State of Kerala

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