R.Rajesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 Bail Appl..No. 4082 of 2015 () ------------------------------- CRIME NO. 581/2015 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM ---------------- PETITIONER/1ST ACCUSED:

-------------------------------------------------- R.RAJESH AGED 25 YEARS, S/O.RAJAN, RAGHI BAHAVAN, PANDARATHARA KARAKONAM P.O., KUNNATHUKAL VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.BIJU BALAKRISHNAN SMT.V.S.RAKHEE SMT.PRINCY XAVIER RESPONDENT :

------------------------ STATE OF KERALA THROUGH THE SUB INSEPCTOR OF POLICE BALARMAPURAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA - 682031.

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4082 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is said to have committed the offences under Sections 452, 323, 366 and 34 of the Indian Penal Code, 1860. The prosecution case is that he trespassed into the victim's house and kidnapped her and assaulted her grandmother. 3.

Heard.

4.

The petitioner is aged 25 years and the victim has already attained majority. It is submitted that the marriage between them was solemnized on 24.06.2015. Having regard to these facts, I am inclined to grant the prayer of the petitioner. In the result, this application is allowed.

1)The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees 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 surrender his passport before the lower court concerned or if he does not have one, he

B.A.No. 4082 of 2015 ::2::

shall file an affidavit to that effect within five days of his release.

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

4)He shall appear before the Investigating Officer for interrogation if he is so required by him in writing. 5)He shall not intimidate or attempt to influence the witnesses.

6)He shall not destroy or tamper with evidence. 7)He shall not get himself involved in any other criminal case while he is on bail.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

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 DST //True copy// P.A. To Judge