JOSE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, the sole accused in Crime No. 282 of 2012 of Melukavu Police Station, who is alleged to have committed offences punishable under Sections 354, 376, 377 and 506(i) I.P.C., has approached this court seeking anticipatory bail.

(2.) PETITIONER is a prominent lawyer practicing in various courts in the Kottayam District and has a standing of 32 years. He was also the President of Kandanadu Panchyat from 1970 to 1984. He was a member of the Bar Council from 2005 to 2010 and he is a Notary since 2005. He is also associated with several religious, social, political and cultural organizations and he has the track record of an honest and disciplined social leader.

(3.) PETITIONER would say that the allegations now made against him are totally false and is the result of a political vendetta. Being a prominent man of social and political background, he had earned the wrath of several persons. It is also pointed out that one week prior to the alleged incident, a man was found to have committed suicide near the house of the petitioner and he went to Melekavu police station and informed about the same. According to him, the Sub Inspector of Police is inimically disposed towards and there occurred an altercation between them. Petitioner happened to inform the superior officers about the misbehaviour of the Sub Inspector. Petitioner would say that when the missing girl was located in the convent, all his enemies converged and foisted a false case against him. Relying on the medical report, it is contended that the victim was found carrying and that she had no marks on her body which would suggest forceful sexual intercourse. The petitioner would point out that from the available records, it could be seen that there is no evidence of recent sexual violation, and it is clear that the petitioner is innocent. It is pointed out that the wife of the petitioner had preferred a petition to the Superintendent of Police, Kottayam District seeking to subject the victim to ultrasonic test and D.N.A. Test so as to prove the innocence of the petitioner. Claiming that the allegations are totally false and have been made only with the intention of humiliating and harassing him, the petitioner seeks indulgence of this court praying for anticipatory bail.