Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY,THE17H DAY OF MARCH201426TH PHALGUNA, 1935 Bail Appl..No. 1831 of 2014 (D) ------------------------------- CRIME NO. 114/2014 OF VELLATHOOVAL POLICE STATION , IDUKKI ACCUSED(S)/PETITIONER/ACCUSED: ---------------------------------------------------------- THOMAS AGED43YEARS S/O.VARKEY, VARICKAMTHADATHIL HOUSE, SELLIAMPARA.P.O. VELLATHOOVAL, IDUKKI DISTRICT. BY ADV. SRI.S.JIJI COMPLAINANT(S)/RESPONDENT/STATE: ---------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1703-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 1831 of 2014 (D) ------------------------------------------ Dated this the 17th day of March, 2014 ORDER
The petitioner is the accused in Crime No.114/2014 of Vellathooval Police Station, Idukki District. Offences alleged are under sections 294(b), 323, 324, 354 and 509 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that the accused voluntarily caused hurt to the defacto complainant, abused her and intruded upon her modesty and also outraged her modesty by pulling the nighty.
3. The learned counsel for the petitioner submits that there was dispute with regard to the drawing of electric wire through the property of the petitioner. The petitioner questioned the act of the complainant and there was altercation. A crime was registered against the husband of B.A. No. 1831/2014 (D) -2- the complainant alleging offences under sections 324 and 506(i) r/w 34 of IPC.
4. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies B.A. No. 1831/2014 (D) -3- of the original title deeds of the sureties. b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from B.A. No. 1831/2014 (D) -4- disclosing such facts to the court or to any police officer or tamper with the evidence. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj