Anilkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 Bail Appl..No. 1711 of 2015 () ------------------------------- CRIME NO. 1058/2014 OF PALODE POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------ PETITIONER/1ST ACCUSED:

------------------------------------------ ANILKUMAR, AGED 42 YEARS, S/O. P.RAGHAVAN KANI, KALYANI BHAVAN, KUZHIVILA, PAZHAKUTTI, PACHA P.O., NEDUMANGAD, THIRUVANANTHAPURAM.

BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAIANANT:

--------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PALODE.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.1711 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

The petitioner is alleged to have committed the offence under Sections 354(A), 376 and 420 of the Indian penal Code.

3.

The case is that he made false promise to the victim that he would marry her and now he has refused to marry her. 4.

Heard.

5.

It is not in dispute that the victim is a married woman and she has a son aged about 18 years. Prima facie, it can not be accepted that she believed the words of the petitioner that he would marry her. Marriage between them was legally impossible at the relevant time. So I am inclined to grant the prayer for bail.

In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on their executing a bond for Rs.Twenty five thousand only with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2) The petitioner shall appear before the Investigating

B.A. No.1711 of 2015 Officer for interrogation if he is so required by him in writing.

3) The petitioner shall not destroy or tamper with evidence.

4) The petitioner shall not harass the defacto complainant or her relatives. He shall cooperate with the investigation. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge