Jamshad vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 29, 2022

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Citation: sooperkanoon.com/1515309
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Sep 29, 2022
Case Number: Bail Appl./6273/2022

Parties & Advocates

Appellant / Petitioner

Jamshad

Respondent

State of Kerala

Excerpt

.....on the same day delivered the following:bechu kurian thomas, j.----------------------------------------- b.a.no. 6273 of 2022 ---------------------------------------- dated this the 29th day of september, 2022orderthis is an application for pre-arrest bail filed under section 438 of the code of criminal procedure, 1973.2. petitioner is the sole accused in crime no.370 of 2022 of nenmara police station, palakkad district, alleging offences under sections 341, 354 and 506(ii) of the indian penal code, 1860.3. the prosecution case is that on 21.06-2022 while the victimwas doing household chores in the house of the accused he forcibly hugged her and pressed on her breast and threatened to kill her if she revealed the incident to anybody and thereby committed the offences alleged.4. sri.v.a.johnson, the learned counsel for the petitionercontended that the incident alleged is false and that the petitioner is totally innocent. it was also pointed out that the petitioner is willing to abide by any conditions that may be imposed.5. smt.m.k.pushpalatha, the learned public prosecutor opposedthe grant of bail and contended that victim is a widow who was sexually assaulted by the petitioner and that releasing him on bail will cause prejudice to the investigation.6. i have perused the statement of the victim and also considered the contentions raised.7. having regard to the nature of the allegations, i am of theview that this is not a fit case where the petitioner can be released on bail. however, if petitioner surrenders before the investigating officer and subject himself to interrogation within 10 days from today and if after interrogation is completed, and he is arrested, then he shall be produced before the jurisdictional court without further delay. thereafter, in the event of any bail application being filed, the same shall be considered as expeditiously as possible.accordingly, this bail application is dismissed. bechu kurian thomas judge ajm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 29TH DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944 Crime No.370 of 2022 of Nenmara Police Station, Palakkad PETITIONER/S: JAMSHAD AGED 37 YEARS S/O.ASEES, PUTHENTHOTTAM, CHATHAMANGALAM, NENMARA.P.O, CHITTUR, PALAKKAD, PIN - 678508 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: PP SMT.M.K PUSHPALATHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
----------------------------------------- B.A.NO. 6273 of 2022 ---------------------------------------- Dated this the 29th day of September, 2022

ORDER

This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioner is the sole accused in Crime No.370 of 2022 of Nenmara Police Station, Palakkad District, alleging offences under Sections 341, 354 and 506(ii) of the Indian Penal Code, 1860.

3. The Prosecution case is that on 21.06-2022 while the victim

was doing household chores in the house of the accused he forcibly hugged her and pressed on her breast and threatened to kill her if she revealed the incident to anybody and thereby committed the offences alleged.

4. Sri.V.A.Johnson, the learned counsel for the petitioner

contended that the incident alleged is false and that the petitioner is totally innocent. It was also pointed out that the petitioner is willing to abide by any conditions that may be imposed.

5. Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed

the grant of bail and contended that victim is a widow who was sexually assaulted by the petitioner and that releasing him on bail will cause prejudice to the investigation.

6. I have perused the statement of the victim and also considered the contentions raised.

7. Having regard to the nature of the allegations, I am of the

view that this is not a fit case where the petitioner can be released on bail. However, if petitioner surrenders before the Investigating Officer and subject himself to interrogation within 10 days from today and if after interrogation is completed, and he is arrested, then he shall be produced before the jurisdictional Court without further delay. Thereafter, in the event of any bail application being filed, the same shall be considered as expeditiously as possible.

Accordingly, this bail application is dismissed. BECHU KURIAN THOMAS JUDGE AJM

Same Court & Year Kerala Orders · 2022 Same Parties Jamshad vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas