Narayanankutty, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 31, 2019

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Citation: sooperkanoon.com/1853995
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Jan 31, 2019
Case Number: Bail Appl./455/2019

Parties & Advocates

Appellant / Petitioner

Narayanankutty,

Respondent

State of Kerala,

Excerpt

.....a 50 year old man, is the accused in crime no.41/2019 of the hemambika nagar police station registered under sections 451 and 354 of the ipc.3. the prosecution allegation is that on 13.01.2019 at about2.30.p.m he trespassed into the house of the de facto complainant and demanded some food. it is alleged that the petitioner thereafter caught her hand and belly and thus outraged her modesty.4. the learned counsel appearing for the applicant submitsthat the house wherein the de facto complainant is residing belongs to his wife. there are some property disputes between them. no such incident had taken place and no other crimes are reported against the applicant herein and no injuries are sustained as well.5. the learned public prosecutor vehemently opposed the prayer and contends that the allegations are grave.6. i have considered the submissions advanced. having gone through the materials, it does not appear to me that the custodial interrogation of the applicant is necessary for carrying out an effective investigation. in the result, this application will stand allowed. the applicantshall appear before the investigating officer within ten days from today and shall undergo interrogation. thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for rs.40,000/- (rupees forty thousand only)with two solvent sureties each for the like sum. however, the above order shall be subject to the following conditions:(i) the applicant shall co-operate with the investigation andshall appear before the investigating officer on every saturdays between 9 a.m and 11 a.m. for a period of two months or till final report is filed whichever is earlier. ii) he shall 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/her from disclosing suchfacts to the court or to any police officer.iii) he shall not commit any similar offence while on bail. in case of violation.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940 CRIME NO. 41/2019 OF Hemambika Nagar Police Station, Palakkad PETITIONER/ACCUSED: NARAYANANKUTTY, AGED 50 YEARS, S/O. ARUCHAMI PILLAI, RESIDING AT SOORYA BHAVAN, KANNAYAMKAVU, KADUKKAMKUNNAM (P.O), PALAKKAD DISTRICT, PIN 678 651 BY ADVS. SRI.NIREESH MATHEW SRI.N.P.PRAJEESH RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. SRI T R RENJITH PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The applicant herein, a 50 year old man, is the accused in Crime No.41/2019 of the Hemambika Nagar Police Station registered under Sections 451 and 354 of the IPC.

3. The prosecution allegation is that on 13.01.2019 at about

2.30.p.m he trespassed into the house of the de facto complainant and demanded some food. It is alleged that the petitioner thereafter caught her hand and belly and thus outraged her modesty.

4. The learned counsel appearing for the applicant submits

that the house wherein the de facto complainant is residing belongs to his wife. There are some property disputes between them. No such incident had taken place and no other crimes are reported against the applicant herein and no injuries are sustained as well.

5. The learned Public Prosecutor vehemently opposed the prayer and contends that the allegations are grave.

6. I have considered the submissions advanced. Having gone through the materials, it does not appear to me that the custodial interrogation of the applicant is necessary for carrying out an effective investigation. In the result, this application will stand allowed. The applicant

shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for Rs.40,000/- (Rupees Forty thousand only)with two solvent sureties each for the like sum. However, the above order shall be subject to the following conditions:

(i) The applicant shall co-operate with the investigation and

shall appear before the Investigating Officer on every Saturdays between 9 A.M and 11 A.M. for a period of two months or till final report is filed whichever is earlier. ii) He shall 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/her from disclosing such

facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail. 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. Sd/- RAJA VIJAYARAGHAVAN V JUDGE avs

Same Court & Year Kerala · 2019 Same Parties Narayanankutty, vs State of Kerala, Same Judge Honourable Mr. Justice Raja Vijayaraghavan V