Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 [IN CRIME NO.503/2022 OF VELLARIKUNDU POLICE STATION, KASARGOD] PETITIONER/ACCUSED: JAYESH JAMES AGED 48 YEARS SON OF JAMES, RESIDING AT AANASSERIYIL HOUSE, PUNCHA, MALOM VILLAGE, VELLARIKUNDU TALUK, KASARAGOD DISTRICT, PIN - 671533 BY ADVS. T.MADHU C.R.SARADAMANI SHAHID AZEEZ RESHMA SANTHOSH RENJISH S. MENON RESPONDENTS/STATE: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER VELLARIKUNDU POLICE STATION, KASARAGOD DISTRICT, PIN - BY ADV.NOUSHAD K.A - PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=========================== B.A.No. 7493 of 2022 ============================ Dated this the 6th day of October, 2022
ORDER
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.503/2022 of the Vellarikundu Police Station, Kasaragod, alleging offences under Sections 294(b), 354, 354A(1)(ii) and (iv), 509 and 506 of the Indian Penal Code, 1860.
3. The prosecution case is that on 30.08.2022, the accused abused the defacto complainant and also assaulted her, thereby committing the offences alleged.
4. Shri.T.Madhu, the learned counsel for the petitioner
contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the defacto complainant is a Panchayath Ward Member and that the crime has been registered utilizing her influence and that petitioner is willing to abide by any condition.
5. Shri. Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature.
6. On a consideration of the circumstances arising in the
case, though I am of the view that the allegations are serious in nature, custodial interrogation of the petitioner is not required. In view of the above, the petitioner is entitled to be released on pre- arrest bail.
7. Accordingly, this application is allowed on the following conditions:
a) In the event of the petitioner being arrested in Crime No.503/2022 of Vellarikundu Police Station, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the court having jurisdiction. b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not destroy or tamper with the evidence or intimidate or threaten or contact the defacto complainant or her family members.
(d) Petitioner shall not commit any other similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
8. In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. BECHU KURIAN THOMAS JUDGE ssa/