Jomon Mathai vs the Sub Inspector of Police, Mavelikkara Police Station

Jomon Mathai vs The Sub Inspector of Police, Mavelikkara Police Station

Type Court Judgment Court Kerala Decided May 29, 2020

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Citation: sooperkanoon.com/1767568
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: May 29, 2020
Case Number: Bail Appl./3095/2020

Parties & Advocates

Appellant / Petitioner

Jomon Mathai

Respondent

The Sub Inspector of Police, Mavelikkara Police Station

Excerpt

.....the 29th day of may 2020 the petitioner is the accused in crime no.656/2020 of mavelikkara police station for having allegedly committed offene punishable under sections 380, 454 & 461 of the ipc. the prosecution case in brief is that the de facto complainant between 08.03.2020 and 21.03.2020 came to know that some of her gold ornaments kept in her almara were found missing and she cast doubts on several persons including the petitioner. the petitioner is a close relative of the de facto complainant. therefore, crime was registered. the petitioner would contend that he is totally innocent and even according to the de facto complainant's own statements, he did not have access to the house of the de facto complainant after february, 2020. there is little possibility of his being involved in the alleged crime. the learned public prosecutor submits that the investigation is progressing and that only after interrogation could it be revealed whether the petitioner's actions are beyond the pale. it is also pointed out by the learned prosecutor that it is understood that the petitioner has pledged certain ornaments which should have to be recovered and for that custodialbail appl..no.3095 of 2020 3interrogation of the petitioner would also be necessary. considering the fact that the alleged stolen ornaments will have to be recovered, releasing the petitioner on anticipatory bail would only affect the investigation at this stage. under the circumstances, i find that the petitioner is not entitled to pre- arrest bail in this case, considering the gravity of the offencealleged against him. he, therefore, is directed to surrender before the investigating officer within two weeks and after their investigation and recovery, he shall be produced before the jurisdictional court at the earliest. he will be at liberty to apply for a regular bail before the jurisdictional court, which shall be considered and preferably disposed of on the very same date. with these.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942 Bail Appl..No.3095 OF 2020 CRIME NO.656/2020 OF Mavelikkara Police Station , Alappuzha PETITIONER/S: JOMON MATHAI S/O.MATHAI @ JONY,PALLIPURATHU, PADEETTATHIL,KOTTARKZAVU,MAVELIKKRA,ALAPPUZHA. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT/S: 1 THE SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION MAVELIKKARA POLICE STAITON, ALAPPUZHA DISTRICT-690101. 2 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. OTHER PRESENT: SRI. AMJAD ALI PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.3095 OF 2020 2

O R D E R

Dated this the 29th day of May 2020 The petitioner is the accused in Crime No.656/2020 of Mavelikkara Police Station for having allegedly committed offene punishable under Sections 380, 454 & 461 of the IPC. The prosecution case in brief is that the de facto complainant between 08.03.2020 and 21.03.2020 came to know that some of her gold ornaments kept in her almara were found missing and she cast doubts on several persons including the petitioner. The petitioner is a close relative of the de facto complainant. Therefore, crime was registered. The petitioner would contend that he is totally innocent and even according to the de facto complainant's own statements, he did not have access to the house of the de facto complainant after February, 2020. There is little possibility of his being involved in the alleged crime. The learned Public Prosecutor submits that the investigation is progressing and that only after interrogation could it be revealed whether the petitioner's actions are beyond the pale. It is also pointed out by the learned Prosecutor that it is understood that the petitioner has pledged certain ornaments which should have to be recovered and for that custodial

Bail Appl..No.3095 OF 2020 3

interrogation of the petitioner would also be necessary. Considering the fact that the alleged stolen ornaments will have to be recovered, releasing the petitioner on anticipatory bail would only affect the investigation at this stage. Under the circumstances, I find that the petitioner is not entitled to pre- arrest bail in this case, considering the gravity of the offence

alleged against him. He, therefore, is directed to surrender before the investigating officer within two weeks and after their investigation and recovery, he shall be produced before the jurisdictional court at the earliest. He will be at liberty to apply for a regular bail before the jurisdictional court, which shall be considered and preferably disposed of on the very same date. With these observations, the B.A is disposed of. Sd/- ASHOK MENON JUDGE rmm

Same Court & Year Kerala · 2020 Same Parties Jomon Mathai vs The Sub Inspector of Police, Mavelikkara Poli... Same Judge Honourable Mr. Justice Ashok Menon