Rajinas T.K v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Bail Appl..No. 6121 of 2015 ----------------------------------------- CRIME NO. 653/2015 OF CHANDERA POLICE STATION , KASARAGOD DISTRICT ----------------- PETITIONER(S)/1ST ACCUSED :

------------------------------------------------ RAJINAS T.K, AGED 22 YEARS, S/O.ABDUL BARI, RESIDING SOUMYA MANZIL, VELUTHA POYYA, MAVILA KADAPPURAM, VALIYA PARAMBA GRAMA PANCHAYATH, KASARAGOD DISTRICT.

BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S)/STATE :

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6121 of 2015 -------------------------------------------- Dated this the 7th day of October 2015

O R D E R

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

2. Petitioner is the 1st accused in Crime No.653 of 2015 of Chandera Police station registered for the offences punishable under Secs.363 and 376 of the Indian Penal Code. The prosecution case is that on 09.05.2015 and also 11.05.2015, the 1st accused used criminal force on the defacto complainant and caught hold of her. Later, he raped her at her residence. It is also alleged that the 1st accused took her nude photographs and threatened that it would be published through Whats-App. The petitioner remains in custody from 17.09.2015 onwards.

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

Considering the stage of investigation and the age of the petitioner, bail is granted to the petitioner with the following conditions.

i. The petitioner shall be released on

Bail Appl. No.6121 of 2015 2 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. One of the parents or siblings shall be an additional surety of the petitioner.

iv. The petitioner shall appear before the Investigating Officer for interrogation on every Saturdays and Sundays between 09.00 a.m. and 10.00 a.m. till the final report is filed.

v. The petitioner shall not enter the local limits of Chandera Police station except for appearing before the

Bail Appl. No.6121 of 2015 3 investigating officer or the Court below for a period of three months.

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

vii. 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/07/10/2015 P.A. To Judge