Manikandan v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Bail Appl..No. 5548 of 2015 () ------------------------------- CRIME NO. 1971/2015 OF KODUNGALLUR POLICE STATION, TRISSUR DISTRICT -------------- PETITIONER/2ND ACCUSED :

---------------------------------------- MANIKANDAN @ MANI MON, AGED 31 YEARS, S/O. NARAYANAN, PULIPARAMBIL HOUSE, KOTTAMKULAM DESOM, CHAKKARAPPADAM, PERINJANAM VILLAGE, KODUNGALLORE TALUK, THRISSUR DIST.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT/DEFACTO-COMPLAIANT :

-------------------------------------------------------- SUB INSPECTOR OF POLICE, KODUNGALLORE POLICE STATION, THRISSUR REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM -682 031 BY PUBLIC PROSECUTOR SMT. R. RAMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

A. HARIPRASAD, J.

------------------------------ Bail Appl. Nos.5548 of 2015 -------------------------------------------- Dated this the 29th day of September 2015

O R D E R

Bail application filed under Sec.439 of Cr.P.C.

2. Petitioner is the accused in Crime No.1971 of 2015 of Kodungallore Police station registered for the offences punishable under Secs.354(A), 354(B), 376, 406 and 420 of the Indian Penal Code.

3. The prosecution case is that the accused borrowed an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) from the defacto complainant. He took the defacto complainant, a lady, to Guruvayoor and from a lodge she was raped by the petitioner. Thereafter, he took her nude photographs and threatened her by saying that he will publish the same and compelled her to part with the money. .

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The petitioner was arrested on 21.08.2015.

Bail Appl. Nos.5548 of 2015 2 Investigation has advanced to a considerable extent. Considering the stage of investigation, bail is granted to the petitioner with the following conditions. i. The petitioner shall 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 having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The petitioner shall not enter the local limits of Kodungallore Police station for a period of three months or till the final report is filed, whichever is earlier.

iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

Bail Appl. Nos.5548 of 2015 3 v. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge