IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA,
Bail Appl..No.6539 OF 2019
CRIME NO.350/2019 OF Kodakara Police Station , Thrissur
1 MATHEWS @ MATHAPPAN,
AGED 62 YEARS
S/O.KOCHAPPAN, KATTADY HOUSE, AZHAKAM,
KODAKARA, THRISSUR DISTRICT.
AGED 22 YEARS
S/O.JOHNSON, KATTADY HOUSE, AZHAKAM, KODAKARA,
BY ADV. SRI.K.SURESH BABU (KANDENGHAT)
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682031.
(IN CRIME NO.350/2019 OF KODAKARA POLICE
STATION, THRISSUR DISTRICT)
AGED 46 YEARS
W/O. OF SHAJU, KALLIKKADAN HOUSE, GANDHINAGAR
DESOM, KODAKARA VILLAGE, CHALAKKUDY TALUK,
* ADDITIONAL R2 IS IMPLEADED IN THE BAIL APPLICATION AS PER
ORDER IN CRL M.A NO.2/2019 DATED 18.09.2019.
R2 BY ADV. N.L.BITTO
R1 BY SRI.B.JAYASURYA-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
[Dated this the 18th day of September 2019 ]
The first petitioner is the uncle of the
second petitioner, who both are accused in Crime
No.350/2019 of Kodakara Police Station for having
allegedly committed an offence punishable under
Sections 341, 323, 354, 294(b) and 506 read with
Section 34 Indian Penal Code. The prosecution case in
brief is that on 2.8.2019, the defacto complainant, a
lady, accompanied by her 20 year old son had gone to
the house of the first accused demanding back certain
blank cheques and documents allegedly handed over by
her in connection with a debt incurred by her, which
according to her, was already discharged. However, the
first petitioner continued to retain the documents
which she demanded back. The first petitioner
stealthily invited her inside a room in his house and
attempted to grope her and thereby, outraged her
modesty. He also abused her using filthy language and
also assaulted her and her son.
2. The petitioners would contend that the
defacto complainant is due to pay amounts to the first
petitioner due on a promissory note, and cheques were
also executed. Notice has been issued on dishonouring
of the cheque under Section 138 of the Negotiable
Instruments Act and a civil suit already has been filed
before the Irinjalakkuda Munsiff’s Court for
realisation of the amount due on the promissory note.
The parties are at loggerheads and there is also a
counter case registered as Crime No.357/2019 against
the defacto complainant and her son under Sections 341,
Section323, Section448, Section354, Section506 and Section294(b) read with Section 34 IPC
for having allegedly outraged the modesty of the mother
of the second petitioner.
3. The documents would indicate that the
petitioners have no criminal antecedents and
admittedly, there is a civil dispute or a dispute
concerning lending of amount between the parties,
pending. The only serious allegation against the
petitioners is one under Section 354 IPC. The
petitioners are not likely to abscond and are willing
to co-operate with the investigation. No custodial
interrogation appears to be necessary for the purpose
of this case. There is nothing to be recovered also.
Under such circumstances, I find that the petitioners
are entitled to pre-arrest bail in this matter.
In the result, this Bail Application is
allowed. It is directed that in the event of the
petitioners being arrested, they shall be released on
bail on execution of bond for Rs.50,000/- (Rupees fifty
thousand only) each with two solvent sureties each for
the like sum to the satisfaction of the investigating
officer on the following conditions:
(1) They shall appear before the
investigating officer on every alternate
Monday between 9 am and 12 noon and co-operate
with the investigation, until further orders
or for a period of three months or until
filing of final report, whichever is earlier.
(2) They shall not attempt to intimidate or
influence the witnesses.
(3) In the event of breach of any of the
above conditions, the prosecution is at
liberty to apply for cancellation of the bail
before the jurisdictional Magistrate.
ANNEXURE-R2(1) TRUE COPY OF POP 18 OF 2019 OF THE
MUNSIFF COURT IRINJALAKUDA DATED
ANNEXURE-R2(2) TRUE COPY OF LAWYER NOTICE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENTS
ACT DATED 5.8.2019.