V.P. Joseph vs State Of Kerala

Johnson John, J

This is an application seeking anticipatory bail.

The petitioner is the sole accused in crime No.360 of 2024 of Koothattukulam Police Station, Ernakulam District registered for offences punishable under Sections 354A and 354B, 323, 447, 506, 509 and 224 of IPC.

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 17-04-2024 and thereby committed the aforesaid offences.

In the petition it is stated that the petitioner is innocent and that it was the defacto complainant, who uttered obscene 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.

Learned Public Prosecutor has no serious objection in granting the pre-arrest bail to the petitioner, subject to stringent conditions.

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

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

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.

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.

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

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 ;

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

If any of the above conditions are violated, the Investigating Officer in Crime No. 360 of 2024 of Koothattukulam Police Station can file application before the jurisdictional Court, for cancellation of bail.