Allowed

V.P. Joseph v. State of Kerala

Kerala HC10 May 2024Bail Appl./3701/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by the sole accused in Crime No.360/2024 registered for offences including Sections 354A and 354B IPC arising from a dispute over dumping waste on a pathway. The Public Prosecutor raised no serious objection. The court granted pre-arrest bail subject to conditions.

What did the court decide?

Anticipatory bail granted subject to surrender within two weeks, bond of Rs.50,000 with two sureties, weekly appearances and non-interference conditions.

V.P. Joseph Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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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 JOHNSON JOHN

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FRIDAY, THE 10^TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946 BAIL APPL. NO. 3701 OF 2024

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CRIME NO.360/2024 OF Koothattukulam Police Station,

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Ernakulam

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PETITIONER:

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V.P. JOSEPH AGED 53 YEARS

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S/O. PATHROSE, VILANGAPARAYIL HOUSE, EDAYAR VILLAGE, EDAYAR KARA, KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN - 686662 BY ADV R.RAJASREE (CHUTTIMATTATHIL)

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031

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OTHER PRESENT:

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SANGEETHARAJ N R

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.3701 of 2024

JOHNSON JOHN, J.

B.A No.3701 of 2024

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Dated this the 10^th day of May, 2024.

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O R D E R

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This is an application seeking anticipatory bail.

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The petitioner is the sole accused in crime No.360 of

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2024 of Koothattukulam Police Station, Ernakulam District

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registered for offences punishable under Sections 354A and 354B, 323, 447, 506, 509 and 224 of IPC.

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The prosecution case is that when the defacto complainant questioned the accused regarding the unloading of waste and rubbles in the pathway leading to the house of the defacto complainant, the accused addressed the defacto complainant in obscene words and pushed on her chest and caught on her hand and also torn her nighty at 9.30 am on 17-04-

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2024 and thereby committed the aforesaid offences.

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In the petition it is stated that the petitioner is innocent

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and that it was the defacto complainant, who uttered obscene

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BA No.3701 of 2024

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words and slapped the petitioner on his face and against the defacto complainant, Crime No.364 of 2024 of Koothattukulam Police Station was also registered. It is also submitted that there was a civil case on the file of the Munsiff's Court, Muvattupuzha as O.S No.820 of 1999 regarding the pathway.

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Learned Public Prosecutor has no serious objection in

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granting the pre-arrest bail to the petitioner, subject to stringent conditions.

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In the result, this application is allowed on the following conditions:

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The petitioner shall surrender before the Investigating Officer within a period of two weeks from today, for subjecting himself for interrogation.

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After interrogation, the petitioner shall be released on bail on the very same day on executing a bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigation Officer.

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BA No.3701 of 2024

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The petitioner shall appear before the investigating officer in Crime No.360 of 2024 of Koothattukulam Police Station, on every Saturday at 11.00 a.m. till the final report is filed.

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The petitioner shall appear before the Investigating Officer as and when required.

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The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 360 of 2024 of Koothattukulam Police Station ;

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The petitioner shall not involve in any other crime while on bail.

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If any of the above conditions are violated, the Investigating Officer in Crime No. 360 of 2024 of Koothattukulam Police Station

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can file application before the jurisdictional Court, for cancellation of bail.

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Sd/- JOHNSON JOHN, JUDGE.

amk

BA No.3701 of 2024

APPENDIX OF BAIL APPL. 3701/2024

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE RECEIPT DATED 17/4/2024 ISSUED BY THE KOOTHATTUKULAM POLICE STATION, ERNAKULAM DISTRICT Annexure A2 TRUE COPY OF THE COMPLAINT DATED 17/4/2024 FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE , ERNAKULAM RURAL Annexure A3 TRUE COPY OF THE OUTPATIENT TICKET DATED 17.4.2024 ISSUED FROM THE GOVERNMENT HOSPITAL KOOTHATTUKULAM Annexure A4 TRUE COPY OF THE FIR IN CRIME NO. 364/2024 DATED 21/4/2024 OF KOOTHATTUKULAM POLICE STATION, ERNAKULAM DISTRICT Annexure A5 TRUE COPY OF THE JUDGMENT AND DECREE DATED 29/8/2002 IN O.S. NO. 820/1999 OF MUNSIFF COURT, MUVATTUPUZHA

V.P. Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

V.P. Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

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