IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941
Bail Appl.No.3116 of 2019
CRIME NO. 545/2019 OF Erumeli Police Station, Kottayam
PETITIONER/S:
JOSEPH.T.V @ JIJO, AGED 37 YEARS
S/O. VARGHESE, CHEERAMATTAM HOUSE,
ARATTUKAYAM BHAGAM, KANAMALA P.O, ANGEL
VALLEY, ERUMELY SOUTH VILLAGE, KANJIRAPPALLY
TALUK, KOTTAYAM DISTRICT, PIN CODE-686 510
BY ADV. SRI.BOBBY MATHEW KOOTHATTUKULAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 THE STATION HOUSE OFFICER,
ERUMELY POLICE STATION, ERUMELY,
KOTTAYAM DISTRICT-686 509.
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.05.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Bail Appl.No.3116 of 2019
ALEXANDER THOMAS, J.
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B.A.No.3116 Of 2019
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Dated this the 22nd day of May, 2019.
ORDER
The petitioner is the sole accused in Crime No.545/2019 of
Erumely Police Station in Kottayam District, which has been
registered for offences punishable under Secs.406, 498A 354(c)
of the SectionI.P.C and Secs.119(b) 120(o) of the Kerala Police Act, on
the basis of FI statement/complaint given by his wife. The
petitioner seeks grant of pre-arrest bail in this case.
2. Heard Sri.Bobby mathew, Koothattukulam, learned
counsel for the petitioner and Sri.Amjad Ali, learned Prosecutor
appearing for the respondents.
3. The brief of the prosecution case is that the petitioner-
accused had continuously tortured the defacto complainant
physically and mentally from the date of marriage and she had
handed over her gold, title deed and cheque book to one
Jainamma, as directed by the accused and that it has not been
returned back and thereby the petitioner has committed breach of
trust and that he had taken her nude photographs in the CCTV
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Bail Appl.No.3116 of 2019
camera without her consent and knowledge and mixed the same
with the photos of one Jomon, who is a Panchayat Member and
published the same in medias and thereby defamed her, etc.
4. It is pointed out by the learned counsel for the
petitioner that after the solemnisation of his marriage on
10.11.2018 he had come to know that his wife was in intimate
terms with one Jomon, who is a Panchayat Member, and after the
marriage he has gone abroad and he could reliably learnt that she
is continuing illicit relationship with the said paramour and one of
his relatives had reported that he has seen her with the paramour
in the adulterous act and thereafter he had made arrangements to
install a CCTV camera inside the house and adulterous sexual
relationship between the lady and the paramour was caught in the
said camera. Based on that the petitioner has filed Anx-III
Original Petition for divorce before the Family Court, Pala on
5.4.2019 and specific averments have been made in the said
divorce petition filed by him before the Family Court about the
above contents in the Hard Disc of the CCTV camera containing
the intimate scenes between his wife and her paramour and that
the Hard Disc was also later produced before the Family Court.
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Bail Appl.No.3116 of 2019
That the petitioner has also filed a complaint/petition before the
Police authority as evident from Anx-IV dated 17.4.2019 alleging
commission of offence under Sec.497 of the SectionI.P.C by the paramour
of his wife. It is only in retaliation of the same that his wife has
triggered the FI statement on 17.4.2019 at 9:30 p.m. and that the
entire allegations have been falsely foisted against him, as a
retaliation to the above steps.
5. After hearing the learned counsel for the petitioner and
the learned Prosecutor and after taking into account the abovesaid
facts and circumstances pointed out hereinabove, this Court is of
the view that the custodial interrogation is not really called for and
warranted in this case. Taking note of the facts and circumstances,
this Court is inclined to consider the plea for anticipatory bail.
Accordingly, it is ordered that in the event of the petitioner being
arrested by the Police in connection with the abovesaid crime, he
shall be released on bail on his executing a bond for Rs.50,000/-
(Rupees Fifty Thousand only) and on furnishing two solvent sureties
for the like sum each to the satisfaction of the Investigating Officer
concerned.
6. Further it is also ordered that it will be subject to
following conditions:-
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Bail Appl.No.3116 of 2019
(i) The petitioner shall not involve in any criminal
offences of similar nature.
(ii) The petitioner shall fully co-operate with the
investigation.
(iii) The petitioner shall report before the
Investigating Officer as and when required in
that connection.
(iv) The petitioner shall not influence witness or shall
not tamper or attempt to tamper evidence in any
manner, whatsoever.
If there is any violation of the abovesaid conditions by the
petitioner, then the jurisdictional court concerned stand hereby
empowered, to consider the plea for cancellation of bail at the
appropriate time.
With these observations and directions, the above Bail
Application stands allowed.
Sd/-
ALEXANDER THOMAS,
Judge.
bkn/-