Laiju Mohan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Bail Appl..No. 6075 of 2015 --------------------------------------- CRIME NO. 665/2015 OF VITHURA POLICE STATION , THIRUVANANTHAPURAM --------------------- PETITIONER/ACCUSED:

--------------------------------- LAIJU MOHAN @ SANTHOSH, AGED 29 YEARS S/O. MOHANDAS, RESIDING AT V.T.HOUSE, ANAPPARA KARIKKUNNU, KOTTAKKAKAM MURI, VITHURA VILLAGE THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN RESPONDENT/STATE:

------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6075 of 2015 -------------------------------------- Dated this the 5th day of October, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.665 of 2015 of Vithura Police Station registered for an offence punishable under Section 376 of the Indian Penal Code.

3.

It is alleged that the petitioner developed intimacy with the defacto complainant and enticed her with a promise to marry. Thereafter, she was taken to a lodge in Nedumangad on different dates and committed rape on her on threats.

4.

Heard both sides.

5.

The alleged incident was in the year 2013. Learned counsel for the petitioner submitted that he remains in custody from 05.09.2015 onwards. The investigation has advanced to a considerable extent. Therefore, the following order:

i.

Petitioner shall be released on bail on executing a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate having

BA No.6075/2015 jurisdiction.

ii.

The sureties shall produce documents to establish their identity and solvency.

iii.

The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

iv.

The petitioner shall not indulge in any offence while on bail.

v.

The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner. If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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