Rajesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Bail Appl..No. 5999 of 2015 () ------------------------------- CRIME NO. 1432/2015 OF NEYYATTINKARA POLICE STATION , THIRUVANANTHAPURAM PETITIONER(S):

----------------- RAJESH, AGED 20 YEARS S/O. RAJENDRAN, PLAVILA HOUSE, KANJIRAMKULAM VILLAGE THIRUVANANTHAPRUAM BY ADV. SRI.P.G.PRAMOD RESPONDENT(S)/COMPLAINANT:

------------------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE NEYYATINKARA POLICE STATION THIRUVANANTHAPURAM(THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM) BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5999 of 2015 -------------------------------------------- Dated this the 8th day of October 2015

O R D E R

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

2. Petitioner is the accused in Crime No.1432 of 2015 of Neyyattinkara Police station registered for the offences punishable under Sec.376 of the Indian Penal Code and Secs.3 & 4 of the Protection of Children from Sexual Offences Act, 2012. The prosecution allegation is that on 07.09.2015 at about 12.00 p.m., the accused, after extending a promise to marry the victim, subjected her to sexual intercourse and thereby committed the aforesaid offences.

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

4. Learned counsel for the petitioner submitted that the petitioner and the victim were in love and they really wanted to lead a marital life.

5. The remand report submitted along with the

Bail Appl. No.5999 of 2015 2 bail application shows that the statement of the victim under Sec.164 Cr.P.C. has been recorded.

Considering the fact that investigation has advanced to a considerable extent, I am inclined to grant bail 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 appear before the Investigating Officer for interrogation on every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till the final report is filed.

Bail Appl. No.5999 of 2015 3 iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

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/08/10/2015 P.A. To Judge