Rojin v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Bail Appl..No. 2546 of 2015 () ------------------------------- CRIME NO. 449/2015 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT ---------------- PETITIONER/ACCUSED:

------------------------------------------ ROJIN, S/O THANKAKUTTY, AGED 33 YEARS, THALAVILAKATHU VEEDU, PLAVILAMOODU, PIRAYUMMOODU, NECHIYOOR, CHENKAL VILLAGE, NEYYATTINKARA.

BY ADV. SRI.G.SUDHEER RESPONDENT/STATE:

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

BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No. 2546 of 2015 ------------------------------------------- Dated this the 15th day of May, 2015

ORDER

Petition filed under Section 439(1) Cr.P.C.

2.

Petitioner is the sole accused in Crime No.449 of 2015 of Parassala Police Station registered for the offence under Section 376 of IPC .

3.

According to the prosecution he allegedly had sexual intercourse with the victim after making a false promise that he would marry her. He has been in custody since 17.4.2015. 4.

Heard.

5.

The petitioner has been in custody since 17.4.2015. His further detention is not necessary for completion of the investigation. In the result, this Bail Application is allowed with the following conditions.

i.

The petitioner will be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the lower court concerned.

ii.

The petitioner shall appear before the investigating officer between 10.30 a.m and 11.30 a.m on every Friday for six months, or till the final report is filed,

B.A.No. 2546 of 2015 2 whichever is earlier.

iii.

Petitioner shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

iv.

Petitioner shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

v.

Petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

vi.

Petitioner shall not attempt to contact or communicate with the victim.

In case of violation the lower court concerned is empowered to cancel the bail in accordance with the law.

K.ABRAHAM MATHEW JUDGE pm