Allowed

Biju Michael, v. State of Kerala

Kerala HC7 Feb 2024Bail Appl./75/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by the sole accused in an assault case registered under Sections 294(b), 323, 354, 451 and 506(i) IPC. The court found the allegations showed only abuse and assault with no sexual intent to outrage modesty, and granted anticipatory bail subject to conditions including appearance before the Investigating Officer and periodic reporting.

What did the court decide?

Anticipatory bail granted: release on Rs.50,000 bond with two like sureties if arrested, subject to interrogation appearance, periodic reporting, and no contact with the victim.

Biju Michael, Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

¶2

 WEDNESDAY, THE 7 TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945

¶3

BAIL APPL. NO. 75 OF 2024
CRIME NO.729/2023 OF Vellathooval Police Station, Idukki
PETITIONER/ACCUSED:

¶4

BIJU MICHAEL, AGED 54 YEARS S/O.MICHAEL, AMBATTUPARAMBIL
HOUSE, UNDAMALA, PANNIYARKUTTY, IDUKKI DISTRICT, PIN -
685561

¶5

BY ADV LATHEESH SEBASTIAN

¶6

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

¶7

SRI. VIPIN NARAYANAN-SR.PP

¶8

 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2024,
 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶9

 B.A.NO.75 OF 2024

¶10

¶11

ORDER

¶12

Dated this the 7^th day of February, 2024

¶13

This is an application for anticipatory bail under

¶14

Section 438 of Cr.P.C. filed by the sole accused in crime No.729 of 2023 of Vellathooval Police Station, Idukki, registered under Sections 294(b), 323, 354, 451 and 506(i) of IPC.

¶15

The prosecution allegation is that, on 26.11.2023 at about 4.30 p.m., the petitioner trespassed

¶16

into the courtyard of the defacto complainant, caught hold on her hand, assaulted her on her left cheek, and when she tried to defend herself using a firewood, the petitioner snatched away that firewood from her, and assaulted her.

¶17

¶18

 B.A.NO.75 OF 2024

¶19

Heard learned counsel for the petitioner and learned Public Prosecutor.

¶20

Learned Public Prosecutor opposed the bail application.

¶21

Learned counsel for the petitioner would submit that the only non bailable offence alleged is under Section 354 of IPC. But the facts alleged would not reveal an offence under Section 354 of IC.

¶22

The prosecution allegations would not reveal that the petitioner did anything against the defacto complainant with sexual intention so as to outrage her modesty. The allegations are of abuse and assault. Moreover, though the incident occurred on 26.11.2023, FIR was registered only on 28.11.2023. The investigation has progressed substantially. In such circumstances, this Court is inclined to allow this bail application on the following terms:

¶23

 B.A.NO.75 OF 2024

¶24

¶25

(i) The petitioner shall appear before the Investigating Officer on or before 14.02.2024 and shall subject himself for interrogation.

¶26

(ii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

¶27

(iii) Thereafter, the petitioner shall appear before the Investigating Officer on alternate Saturdays, starting from 17.02.2024, for a period of two months or till the final report is filed, whichever is earlier.

¶28

(iv) The petitioner shall not contact the victim, and shall not cause any kind of harassment to her or her family members, either directly or indirectly.

¶29

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

¶30

 B.A.NO.75 OF 2024

¶31

¶32

(vi) In case of violation of any of the aforesaid conditions,

¶33

the jurisdictional Court is empowered to cancel his bail, in

¶34

accordance with law.

¶35

Sd/SOPHY THOMAS JUDGE

¶36

SSK/07/02

Biju Michael, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju Michael, 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

Sushama Devi Vs State of Kerala

Jezwin Rasheed, Vs State of Kerala

Prem Kumar Vs State of Kerala

Rajesh . K Vs State of Kerala

Ashik, Vs State of Kerala

Sabeer P., Vs State of Kerala