Mahesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 4322 of 2015 -------------------------------------- CRIME NO. 533/2015 OF MUSEUM POLICE STATION , THIRUVANANTHAPURAM -------------------- PETITIONER(S)/1ST ACCUSED:

--------------------------------------------- MAHESH @ MANU, AGED 41 YEARS, S/O. PRABHAKARAN NAIR, THYPARAMBIL VEEDU, PEZHUPARA, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.SURESH BABU THOMAS SRI.G.SREEKUMAR (CHELUR) SRI.NANDAGOPAL S.KURUP RESPONDENT(S)/DEFACTO-COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4322 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is accused of having committed the offences under Sections 366 and 376(D) of the Indian Penal Code, 1860 . It is alleged that he along with the co-accused committed rape on her, in a flat at Trivandrum.

3.

Heard.

4.

Petitioner has been in custody since 10.05.2015. His further detention is not necessary for investigation so far as, he is concerned. So, I am inclined to grant his prayer. In the result, this application is allowed.

1)The petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh 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. every Thursday for three months and thereafter, every alternate Wednesdays till the conclusion of the trial or for four

B.A.No. 4322 of 2015 ::2::

months, whichever is earlier.

3)He 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)He 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.

6)He shall not attempt to contact or communicate with the victim.

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