Bency John, vs State of Kerala,

Type Court Judgment Court Kerala Decided Feb 29, 2024

~3 min read

https://sooperkanoon.com/case/1307458

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1307458
Court: Kerala High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Feb 29, 2024
Case Number: Bail Appl./1085/2024

Parties & Advocates

Appellant / Petitioner

Bency John,

Respondent

State of Kerala,

Excerpt

.....294(b), 323 of the indian penal code and section 92(b) of the rights of persons with disabilities act, 2016.2. the prosecution allegation is that, on 01.02.2024 at 12.30 ..3.. noon, the petitioner and accused no. 1, who are co-workers of the de facto complainant, assaulted her physically as well as verbally.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor opposed the bail application.5. learned counsel for the petitioner would submit that, thepetitioner is absolutely innocent of this crime. the de facto complainant joined olivia fashion designs recently, and she was a trouble shooter there. due to her enmity towards the petitioner, she was implicated in a false case. moreover, the marriage of the petitioner is fixed, and so, she may not be sent to jail, as it may ruin her future.6. considering the nature of allegations, and also considering the fact that, marriage of the petitioner is fixed, this court is ..4..inclined to allow this bail application on the following terms:- i. the petitioner is directed to surrender before the investigating officer on or before 11.03.2024, and subject herself for interrogation. the investigating officer shall interrogate her to collect all materials and evidence relevant for the purpose of investigation.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;iii. the petitioner shall appear before the investigating officer as and when directed. iv. the petitioner shall not try to contact the victim ..5.. and shall not cause any kind of harassment to her directly or indirectly. v. the petitioner shall not influence or intimidate the witnesses or tamper with the investigation. vi. the petitioner shall not commit any offence while on bail.vii. in case of violation of these conditions, the trial court is.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 BAIL APPL. NO. 1085 OF 2024 CRIME NO.190/2024 OF Adoor Police Station, Pathanamthitta PETITIONER/S: BENCY JOHN, AGED 30 YEARS D/O.YOHANNAN.P.P., ARUTHUNDIL HOUSE, POOZHIKKAD,KUDASSANAD.P.O., PANDALAM ADOOR, PATHANAMTHITTA, PIN - 689501 BY ADVS. SUMAN CHAKRAVARTHY BREJITHA UNNIKRISHNAN SUDEESH K.E.
RESPONDENT/S: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - OTHER PRESENT: SR.PP-SRI.VIPIN NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
SOPHY THOMAS, J.
===================== ========================

ORDER

Dated this the 29th day of February, 2024 This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by the 2nd accused in Crime No. 190 of 2024 of Adoor Police Station, Pathanamthita, registered under Sections 143, 147, 149, 341, 294(b), 323 of the Indian Penal Code and Section 92(b) of the Rights of Persons with Disabilities Act, 2016.

2. The prosecution allegation is that, on 01.02.2024 at 12.30 ..3.. noon, the petitioner and accused No. 1, who are co-workers of the de facto complainant, assaulted her physically as well as verbally.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application.

5. Learned counsel for the petitioner would submit that, the

petitioner is absolutely innocent of this crime. The de facto complainant joined Olivia Fashion Designs recently, and she was a trouble shooter there. Due to her enmity towards the petitioner, she was implicated in a false case. Moreover, the marriage of the petitioner is fixed, and so, she may not be sent to jail, as it may ruin her future.

6. Considering the nature of allegations, and also considering the fact that, marriage of the petitioner is fixed, this Court is ..4..

inclined to allow this bail application on the following terms:- i. The petitioner is directed to surrender before the Investigating Officer on or before 11.03.2024, and subject herself for interrogation. The investigating officer shall interrogate her to collect all materials and evidence relevant for the purpose of investigation.

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;

iii. The petitioner shall appear before the investigating officer as and when directed. iv. The petitioner shall not try to contact the victim ..5.. and shall not cause any kind of harassment to her directly or indirectly. v. The petitioner shall not influence or intimidate the witnesses or tamper with the investigation. vi. The petitioner shall not commit any offence while on bail.

vii. In case of violation of these conditions, the trial court is empowered to cancel his bail, in accordance with law. Sd/- SOPHY THOMAS JUDGE RMV

Same Court & Year Kerala · 2024 Same Parties Bency John, vs State of Kerala, Same Judge Honourable Mrs. Justice Sophy Thomas