Riju, S/O.Nanu v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Bail Appl.No. 4239 of 2015 -------------------------------------- CRIME NO. 1002/2015 OF TIRUR POLICE STATION, MALAPPURAM .......

PETITIONER(S)/ACCUSED:

-------------------------------------- RIJU, S/O.NANU, MODAN NAMBRATH HOUSE, PURATHOOR P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN SMT.UMMUL FIDA RESPONDENT(S)/STATE:

------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4239 of 2015 -------------------------------------------- Dated this the 20th day of July 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.1002 of 2015 of Tirur Police station registered for the offences under Secs.376 and 450 of the Indian Penal Code. The prosecution case is that he committed rape on a close relative.

3. Heard both sides.

4. The petitioner is the 1st cousin of the victim's husband. He has been in custody since 23.06.2015. His further detention is not necessary for effective 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 each for the like sum to the

B.A. No.4239 of 2015 2 satisfaction of the learned Magistrate concerned.

2. The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Wednesday 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 one, 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 contact or communicate with the victim or other members of her family (except with the permission of the trial court concerned) nor shall he enter the house in which she resides.

B.A. No.4239 of 2015 3

6. The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

7. The petitioner shall not intimidate or attempt to influence the witnesses.

8. The petitioner shall co-operate with investigation of the 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