Shanavas Khan Y. 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. 6142 of 2015 () ------------------------------- AGAINST THE ORDER IN CRMC 2012/2015 of D.C & SESSIONS COURT,THIRUVANANTHAPURAM DATED 22.09.2015 CRIME NO. 1211/2015 OF THAMPANOOR POLICE STATION , THIRUVANANTHAPURAM PETITIONER/ACCUSED:
------------------------------------------ SHANAVAS KHAN Y. AGED 40 YEARS S/O.YOUSAF KHAN, THAVALAM NEAR PANCHAYATH MINI STADIUM, WARD NO.2 PERUVANTHANAM, PEEDRUMEDU.
BY ADVS.SRI.MANOJ RAMASWAMY SMT.SANJANA R.NAIR SMT.V.SREEJA RESPONDENTS :
----------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2. SUB INSPECTOR OF POLICE THAMPANOOR POLICE STATION THIRUVANANTHAPURAM-695 001.
R BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AV
A.HARIPRASAD, J.
------------------------------ B.A.No.6142 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. The petitioner is the accused in Crime No.1211 of 2015 of Thampanoor Police Station registered under Section 376 of IPC.
3. The prosecution case is that, the petitioner being an Arabic Teacher, had close acquaintance with the defacto complainant. The defacto complainant was studying for Degree Course. In the pretext to equip her in the 'Quran Recitation Competition', the petitioner took her to various places and had sexual intercourse with her on various occasions. Therefore, he is liable to be punished.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. 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.
B.A.No.6142 of 2015 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 between 10.00 a.m. and 11.00 a.m. on all Mondays and Thursdays of every calender month until the final report is filed. 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 AV /True Copy/ P.A to Judge