Raghil v. S.I. Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl..No. 2350 of 2015 () ------------------------------- CRIME NO. 403/2015 OF MALA POLICE STATION , TRISSUR PETITIONER(S)/ACCUSED:

---------------------- RAGHIL AGED 23 YEARS S/O.RAGHULAN, KANJIRAPARAMBIL HOUSE MALAPALLIPURAM P.O., VIA MALA, THRISSUR.

BY ADVS.SRI.M.H.HANIL KUMAR SRI.M.R.DHANIL RESPONDENT(S)/COMPLAINANT/STATE:

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1. SUB INSPECTOR OF POLICE MALA POLICE STATION, MALA P.O., THRISSUR-680732.

2. CIRCLE INSPECTOR OF POLICE MALA, MALA P.O., THRISSUR-680732.

3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.ABRAHAM MATHEW, J ---------------------------------------------- B.A.No. 2350 of 2015 ---------------------------------------------- Dated this the 12th May, 2015

O R D E R

Petitioner is the sole accused in Crime No.403/2015 on the file of Mala Police Station. The allegation is that the petitioner made a false promise to the victim that he would marry her which caused her to have sexual intercourse with him.

2. Heard learned counsel for the petitioner and the learned Public Prosecutor.

3. There is no dispute that the victim is a married woman. Her allegation that the petitioner made a false promise to marry her and had sexual intercourse with her appears to be strange.

4. Having regard to the above facts, I am inclined to grant the prayer.

In the result, this application is allowed on the following conditions:

BA.2350/15 i) The petitioner shall be released on bail after interrogation on his executing a bond for 25,000/- with two solvent sureties ₹ each for the like sum if he is arrested by the Police in connection with this case.

ii) He shall appear before the Investigating Officer for interrogation if he is so required by the Investigating Officer in writing.

iii) He shall not destroy or tamper with evidence.

iv) He shall not harass the defacto complainant or her relatives.

v) In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

K.ABRAHAM MATHEW JUDGE vgs12/5/15