Ansar V.T. 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. 4512 of 2015 () ------------------------------- CRIME NO. 156/2015 OF MELATTUR POLICE STATION, MALAPPURAM DISTRICT --------------------- PETITIONER/1ST ACCUSED:

---------------------------------------------- ANSAR V.T., AGED 27 YEARS, S/O. ABDUL RASHEED, VARIYATHODI HOUSE, VADAKKUMANNAM, MANNARAKAD.

BY ADV. SRI.R.ROHITH RESPONDENT(S)/COMPLAINANT & THE STATE:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031.

2. DEPUTY SUPERINTENDENT OF POLICE STATION, PERINTHALMANNA - 679 322.

BY PUBLIC PROSECUTOR SRI.SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4512 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 the first accused in Crime No.156 of 2015 of Mellattur police station. He is alleged to have committed the offences under Sections 376(2) (n) 506(i) read with Section 34 of the Indian Penal Code and Section 3 (2) (V) of SC/ST Act.

3.

The prosecution case is that she who belongs to a scheduled caste believed the false promise made by the petitioner that he would marry her and allowed him to have sexual intercourse with her.

4.

Heard.

5.

The petitioner has been in custody since 30.06.2015. His further detention is not necessary for competition 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.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the

B.A. No.4512 of 2015 satisfaction of the learned Magistrate concerned. 2.

He shall appear before the investigating officer between 11 a.m and 12 noon every Wednesday for 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 not contact or communicate with the victim or her relatives directly or indirectly. 5.

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. 6.

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

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 R.AV