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High Court of KeralaBail Appl./4434/2015allowed

Renjith John v. The State Of Kerala

2015-07-29Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 Bail Appl..No. 4434 of 2015 () ------------------------------- CRIME NO. 751/2015 OF PARIYARAM POLICE STATION, KANNUR DISTRICT ------------------ PETITIONER/ACCUSED :

------------------------------------- RENJITH JOHN S/O. JOHN, AGED 35 YEARS KALLAKUDIYAN HOUSE, PATTUVAM MURIYATHODU, TALIPARAMBA-670143.

BY ADV. SMT.K.RAJESWARY RESPONDENT/COMPLAINANT :

---------------------------------------------- THE STATE OF KERALA THE SHO PARIYARAM (TALIPARAMBA) POLICE STATION KANNUR, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4434 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th 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 of Indian Penal Code. 3.

The prosecution case is that he committed rape on a married woman.

4.

Heard.

5.

The victim is aged 28. Going by the prosecution rape took place on three occasions. The petitioner is said to be a friend of the husband of the victim. There are suspicious circumstances in the prosecution case. The petitioner has been in custody since 16.07.2015.

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.

He shall appear before the investigating officer between 10.30 and 11.30 every alternate Wednesday for

B.A. No.4434 of 2015 four months, or till the final report is filed, whichever is earlier.

3.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 5.

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

6.

He shall not contact or communicate with the victim, nor shall he enter the premises in which she resides till the conclusion of the trial.

7.

He shall not harass the defacto complainant or her relatives.

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.

K. ABRAHAM MATHEW R.AV JUDGE