Madhya Pradesh High Court
Bobban Kuriyakose vs The State Of Madhya Pradesh on 24 January, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
The High Court Of Madhya Pradesh
MCRC No. 61403 of 2021
(BOBBAN KURIYAKOSE Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-01-2022
Heard through Video Conferencing.
Shri Rajkumar Dubey, learned counsel for the applicant Bobban
Kuriyakose S/o Late Shri Kantur Vargis Kuriyakose.
Shri Gaurav Tiwari, learned Panel Lawyer for the respondent/State.
Shri Kunal Dubey, learned counsel for the objector. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant, who is in custody since 29.11.2021 in connection with Crime No.594/2021 registered at Police Station Ranjhi, District Jabalpur (M.P.) for the offence under Sections 384, 354C, 354D, 504 and 506 of IPC read with Sections 66(E) and 67A of I.T. Act.
Learned counsel for the applicant submits that applicant is a patient of Paralysis, he is also suffering from Accelerated Hyper Tension type-2 Diabetes Mellitus as has been certified by the Sunrise Hospital, Kakkanad (Kochi). It is submitted that he is always willing to co-operate with the I.O. and the trial Court, no more custodial interrogation is required, case is a pre-trial detention merely on the basis of bald complaint which has been filed by the prosecutrix after her relationship with the present applicant was exposed in front of her husband who is working outside Jabalpur. Investigation is complete. Charge-sheet has been filed. Applicant is in custody since 29.11.2021. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for the objector submits that in April, 2021 Police had issued a notice, present applicant had appeared before the Police Authorities and had given a written undertaking to the effect that he shall Signature SAN Not not blackmail the prosecutrix in future and shall delete all the Verified Digitally signed by APARNA TIWARI Date: 2022.01.25 09:47:11 IST 2 objectionable material available in his mobile phone but after giving such undertaking, applicant had approached school where prosecutrix is working and had made a complaint as a result of which she was forced to resign from the school. It is submitted that there is a continuous attempt on the part of the applicant to blackmail the present prosecutrix.
Shri Gaurav Tiwari, learned Panel Lawyer for the respondent/State opposes the plea.
After hearing learned counsel for the parties and taking into consideration a fact that investigation is complete, charge-sheet has been filed. Applicant is suffering from Paralysis, he is admitted in jail hospital and no more custodial interrogation is required, therefore, without commenting anything on the merits of the matter, this application is allowed.
I t is directed that applicant Bobban Kuriyakose be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
3(VIVEK AGARWAL) JUDGE AT