Anu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 Bail Appl..No. 3999 of 2015 () ------------------------------- CRIME NO. 745/2015 OF KODUMON POLICE STATION,PATHANAMTHITTA DISTRICT --------------------- PETITIONER/ACCUSED:

------------------------------------- ANU, AGED 24 YEARS, S/O.RADHA CHANDRAN, MEPARATHU MURUPPEL VEEDU, MUSALIAR COLLEGE.P.O, MYLADUMPARA MURI, PATHANAMTHITTA VILLAGE, RENTED HOUSE AT VILAYASSERI VADAKKETHIL VEEDU, NEAR CASHEW FACTORY, ULAVAKKADU MURI, PALAMEL VILLAGE, ALAPPUZHA.

BY ADV. SRI.V.S.SHIRAZ BAVA RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3999 of 2015 -------------------------------------------- Dated this the 10th day of July 2015

O R D E R

Petition filed under Sec.439 Cr.P.C.

2. Petitioner is accused in Crime No.745 of 2015 of Kodumon Police station registered for the offence under Sec.376 of the Indian Penal Code. The prosecution case is that he committed rape on a girl aged 19 years.

3. Heard both sides.

4. The victim is aged 19 years and the petitioner is aged 24 years. It is submitted by the learned counsel that they are in love for several years. He has been in custody since 17.06.2015. The investigation is almost complete. His further detention is not necessary for completion of the investigation. So I am inclined to grant the prayer of the petitioner.

In the result, the bail 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

B.A. No.3999 of 2015 2 each for the like sum to the satisfaction of the learned Magistrate concerned.

2. He shall appear before the investigating officer between 10.30 a.m and 11.30 a.m. on every alternate Fridays for four months, or till the final report is filed, whichever is earlier.

3. The petitioner shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

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

5. The petitioner shall not enter the house in which the first informant is residing.

6. The petitioner shall not contact or communicate with the first informant, except with the permission of the trial court concerned.

7. The petitioner shall not destroy or

B.A. No.3999 of 2015 3 tamper with evidence.

8. The petitioner shall not intimidate or attempt to influence the witnesses nor shall he get himself involved in any other criminal case. 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 / True Copy/ NS P.A. To Judge