Noorul Ameen v. The State Public Prosecutor

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Bail Appl..No. 3483 of 2015 ---------------------------------------- CRIME NO. 388/2015 OF KANJIRAMKULAM POLICE STATION , NEYYATTINKARA --------------------- PETITIONER(S)/SOLE ACCUSED(ACCUSED IN CUSTODY) : -------------------------------------------------------------------------------------- NOORUL AMEEN, AGED 49 YEARS, S/O. BADHARUDHEEN, KAKKATHOTTAM COLONY, KANJIRAMKULAM DESOM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK BY ADVS.SMT.MINI GANGADHARAN SMT.NIMMY K.ALILAKUZHYIL RESPONDENT(S)/COMPLAINANT & STATE :

----------------------------------------------------------------- THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ON BEHALF OF STATE, REPRESENTING INSPECTOR OF POLICE, POOVAR- 682 031. BY PUBLIC PROSECUTOR SRI.P.S.ABDUL KAREEM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3483 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Section 376 IPC. The prosecution case is that he committed rape on a married woman on two occasions. 3.

Heard.

4.

The victim is a married woman. The petitioner allegedly committed rape on her at his house and in a room in a hotel in Tamil Nadu. He has been in custody since 24.05.2015. His further detention is not necessary for completion of the investigation.

In the result, this application is allowed.

1)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 learned Magistrate concerned.

2) The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. on every alternate Friday for four months, or till the final report is filed,

B.A.No.3483 of 2015 ::2::

whichever is earlier.

3)The 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.

4)The petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

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

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge