Shiju Luckose Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1134697
CourtKerala High Court
Decided OnMar-19-2014
JudgeHONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
AppellantShiju Luckose
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice n.k.balakrishnan wednesday, the19h day of march201428th phalguna, 1935 bail appl..no. 1888 of 2014 (a) ------------------------------- crime no. 84/2014 of pooyapally police station , kollam accused(s)/petitioner: ------------------------------------------ shiju luckose aged27years s/o.mathai luckose, shiji bhavan, kannattu mukku paruthiyara muri, veliyam, kottarakkara kollam by advs.sri.k.siju smt.bindu george complainant(s)/respondent: ---------------------------------------------------- state of kerala through the s.i. of police pooyappally police station represented by the public prosecutor high court of kerala, ernakulam by public prosecutor sri.rajesh vijayan this bail application having come up for admission on1903-2014, the court on the same day passed the following: jjj n.k. balakrishnan, j.------------------------------------------ b.a. no. 1888 of 2014 (a) ------------------------------------------ dated this the 19th day of march, 2014 order the petitioner is the sole accused in crime no.84/2014 of pooyappally police station, kollam district. offences alleged are under sections 452, 324, 323, 294(b), 427, 506 (ii) and 354 of ipc. apprehending arrest, this petition is filed for anticipatory bail.2. it is alleged that on 16.01.2014 at about 8.00 pm the petitioner trespassed into the house of the complainant and he beat and kicked the complainant. when her son tried to intervene, he was also attacked. it is further stated that he has also committed criminal mischief by destroying the utensils causing a loss of rs.2,000/-. the parties are near relatives. it is stated that the accused outraged the modesty of the complainant also. it is further contended that the accused was abusing the complainant with obscene words as he was drunk at that time. b.a. no. 1888/2014 (a) -2- 3. considering all the aspects the following directions are issued: the petitioner shall surrender before the investigating officer within ten days from today. after interrogation the accused shall be produced before the learned magistrate. when applied for bail by the accused, the learned magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. the petitioner shall execute a bond for rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned magistrate. if in case the magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b.a. no. 1888/2014 (a) -3- b. the petitioner shall make himself available for interrogation by the investigating officer and shall appear before the investigating officer on all mondays and fridays between 9.30 am to 11.30 am until further orders. c. the petitioner shall surrender his original passport before the learned jurisdictional magistrate. if he is not having any valid passport, he should file an affidavit regarding the same before the magistrate. d. the petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will 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 from disclosing such facts to the court or to any police officer or tamper with the b.a. no. 1888/2014 (a) -4- evidence. e. the petitioner shall not leave india without the prior permission of the learned magistrate. f. the learned magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/driving licence etc. g. the petitioner shall deposit a sum of rs.2,000/- (rupees two thousand only) before the trial court. sd/- n.k. balakrishnan, judge //true copy// p.a. to judge jjj
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE19H DAY OF MARCH201428TH PHALGUNA, 1935 Bail Appl..No. 1888 of 2014 (A) ------------------------------- CRIME NO. 84/2014 OF POOYAPALLY POLICE STATION , KOLLAM ACCUSED(S)/PETITIONER: ------------------------------------------ SHIJU LUCKOSE AGED27YEARS S/O.MATHAI LUCKOSE, SHIJI BHAVAN, KANNATTU MUKKU PARUTHIYARA MURI, VELIYAM, KOTTARAKKARA KOLLAM BY ADVS.SRI.K.SIJU SMT.BINDU GEORGE COMPLAINANT(S)/RESPONDENT: ---------------------------------------------------- STATE OF KERALA THROUGH THE S.I. OF POLICE POOYAPPALLY POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1903-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.

------------------------------------------ B.A. No. 1888 of 2014 (A) ------------------------------------------ Dated this the 19th day of March, 2014 ORDER

The petitioner is the sole accused in Crime No.84/2014 of Pooyappally Police Station, Kollam District. Offences alleged are under sections 452, 324, 323, 294(b), 427, 506 (ii) and 354 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

2. It is alleged that on 16.01.2014 at about 8.00 pm the petitioner trespassed into the house of the complainant and he beat and kicked the complainant. When her son tried to intervene, he was also attacked. It is further stated that he has also committed criminal mischief by destroying the utensils causing a loss of Rs.2,000/-. The parties are near relatives. It is stated that the accused outraged the modesty of the complainant also. It is further contended that the accused was abusing the complainant with obscene words as he was drunk at that time. B.A. No. 1888/2014 (A) -2- 3. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. B.A. No. 1888/2014 (A) -3- b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will 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 from disclosing such facts to the court or to any police officer or tamper with the B.A. No. 1888/2014 (A) -4- evidence. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. g. The petitioner shall deposit a sum of Rs.2,000/- (Rupees Two thousand only) before the trial court. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj