Suresh K C v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 Bail Appl..No. 4623 of 2015 ---------------------------------------- CRIME NO. 179/2015 OF PULPALLY POLICE STATION , WAYANAD DISTRICT --------------------- PETITIONER(S)/ACCUSED :

------------------------------------------ SURESH.K.C, AGED 29 YEARS, S/O.CHAMY, KULATHATTIL VEEEDU, POOTHADY P.O., POOTHADY AMSOM, SULTHAN BATTERY TALUK, WAYANAD DISTRICT.

BY ADV. SRI.V.SHYAM RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, (REP BY S.I. OF POLICE, PULPALLY POLICE STATION -CRIME NO.179/15) REP. BY STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4623 of 2015 -------------------------------------------- Dated this the 5th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.179 of 2015 of Pulpally Police station registered for the offence under Sec.376 of the Indian Penal Code. The prosecution case is that the petitioner committed rape on the victim who is his close relative.

3. Heard both sides.

4. I have perused the First Information Statement. There are some suspicious circumstances. The petitioner has been in custody since 14.05.2015. 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

B.A. No.4623 of 2015 2 sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

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 destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

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

7) The petitioner shall co-operate with

B.A. No.4623 of 2015 3 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