IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940
Bail Appl..No. 8187 of 2018
CRIME NO.1599/2018 OF ERATTUPETTA POLICE STATION, KOTTAYAM
SANTHOSH, AGED 34 YEARS,
S/O. GEORGE, CHETTAKARICKAL HOUSE,
PERINGULAM P.O, ERATTUPETTA,
SHRI.SUNIL KUMAR A.G
1 STATE OF KERALA,
REP. BY STATION HOUSE OFFICER,
ERATTUPETTA POLICE STATION, KOTTAYAM DISTRICT,
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
2 THE STATION HOUSE OFFICER,
ERATTUPETTA POLICE STATION,
KOTTAYAM DISTRICT-686 121, THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
SRI T R RENJITH PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.12.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 8187 of 2018 2
This application is filed under Section 438 of the Cr.P.C.
2. The applicant herein is the 2 nd accused in Crime No.1599 of
2018 registered at the Erattupetta Police Station under Sections 376(2)
(f)(n), 354 323 r/w Section 34 of the Indian Penal Code.
3. The victim is a lady aged 33 years. She used to work as a
nurse in Delhi. In the month of December, 2012, she met the 1 st
accused, one Joshy, and in course of time, they started having a
relationship. The 1st accused is the maternal uncle of the applicant
herein. He is alleged to have assured the victim that he would marry her
and that relationship continued till 2018. Their relationship became
strained and several proceedings have been initiated against each other
by both sides. The specific allegation against the applicant is that on
14.8.2013, he caught her hand and attempted to outrage her modesty.
Stating these allegations, a complaint was lodged on 10.10.2018 leading
to the registration of the crime.
4. Though initially the Crime was registered incorporating
Section 376 of the IPC, later the aforesaid Section was deleted and
Section 498A was added.
5. The learned counsel appearing for the applicant submitted
that the FI statement was recorded about 5 years after the alleged
Bail Appl..No. 8187 of 2018 3
incident involving the applicant and hence no credibility can be given to
her statement. It is further submitted that the de facto complainant has
initiated proceedings against the applicant and the 1 st accused before the
Family Court, Pala seeking injunction against forcible disposition and the
1st accused has instituted a civil suit before the Munsiff’s Court,
Erattupetta seeking injunction and other reliefs. The applicant has been
dragged in the fight between the de facto complainant and the 1 st
accused as he is a near relative, contends the learned counsel.
6. I have heard the learned Public Prosecutor and have perused
the case diary. Insofar as the applicant herein is concerned, the
allegation is that he caught the hands of the de facto complainant and
attempted to outrage her modesty sometime in the year 2013. Having
gone through the sequence of events and the disputes between the de
facto complainant and the 1st accused, I am of the view that the
custodial interrogation of the applicant herein is not necessary for an
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
Bail Appl..No. 8187 of 2018 4
sum. However, the above order shall be subject to the following
(i) The applicant shall co-operate with the investigation and
shall appear before the Investigating Officer on every
Saturdays between 9 A.M and 10 A.M. for a period of one
month 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.
RAJA VIJAYARAGHAVAN V.,
//TRUE COPY// P.A.TO JUDGE