The Kerala High Court granted pre-arrest bail to the petitioner accused of assault and acts to outrage modesty. The court noted the presence of a civil dispute and lack of enthusiastic allegations against the accused.
Pre-arrest bail granted on execution of a bond with sureties and undertaking cooperation with investigation and non-contact witness conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 9TH DAY OF MARCH 2023 / 18TH PHALGUNA, 1944
BAIL APPL. NO. 877 OF 2023
CRIME NO.73 OF 2023 OF THIRUVALLA POLICE STATION,
PATHANAMTHITTA
PETITIONER/ACCUSED:
A.V THULASI, AGED 57 YEARS KARTHIKA HOUSE, WEST OTHERA, KUTTOR VILLAGE, PATHANAMTHITTA, PIN - 689106
BY ADV M.R.SASITH
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.P.M.PRASANTH.P.P,
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.
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further submitted that no materials are on record to connect the applicant with the alleged crime; hence , she is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if she is released on bail at this stage, it will affect the course of the investigation.
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interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.
In the result, the application is allowed on the following conditions:-
(i) The applicant shall be released on bail in the event of her arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
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(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional
court.
Sd/DR.KAUSER EDAPPAGATH JUDGE
jg
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APPENDIX OF BAIL APPL. 877/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO 73/2023 IN THIRUVALLA POLICE STATION, PATHANAMTHITTA Annexure A2 TRUE COPY OF THE ORDER IN OS NO 451/2013 PASSED BY THE MUNSIFF COURT, THIRUVALLA Annexure A3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE POLICE DATED 13/01/2023 Annexure A4 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 13/01/2023 Annexure A5 THE TRUE COPY OF THE FIR IN CRIME NO 74/2023 IN THIRUVALLA POLICE STATION, PATHANAMTHITTA
2 issues framed by the court
Whether pre-arrest bail is a fit case being granted under Section 438 CrPC given the allegations of sexually motivated assault and a concurrent civil dispute.
Whether custodial interrogation is necessary in a dispute where a civil injunction already exists between the parties.
2 provisions across 2 enactments
A.V Thulasi
State of Kerala
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
