Golden Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl.No. 4440 of 2015 -------------------------------------- CRIME NO. 595/2015 OF NEDUMANGAD POLICE STATION ..........

PETITIONER(S)/ACCUSED:

-------------------------------------- GOLDEN KUMAR, S/O. RAMPAL, GAYATHRI, KARAKULAM,THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.M.ABDUL RASHEED SRI.P.K.MUHAMMED RESPONDENT(S)/COMPLAINAT:

---------------------------------------------- STATE OF KERALA, REPRESENTED BY 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 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4440 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is said to have committed the offences under Sections 450, 376, 506(ii) of the Indian Penal Code. He is the landlord of the victim. The prosecution case is that he trespassed into her room, threatened her and committed rape on her. 3.

Heard.

4.

I have perused the case diary. There are some suspicious circumstances. The petitioner has been in custody since 04.05.2015. His further detention is not necessary for completion of the investigation.

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, or till the final report is filed, whichever is

B.A.No. 4440 of 2015 -: 2 :- 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 or enter the premises in which she resides. 7)He shall not leave Thiruvananthapuram district till the conclusion of the investigation.

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