Prasanth, S/O.Krishnan v. The 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. 6146 of 2015 () ------------------------------- AGAINST THE ORDER IN CMP 6197/2015 of JUDL.MAG.OF FIRST CLASS-I,MANJERI DATED 25-09-2015 CRIME NO. 1382/2015 OF MANJERI POLICE STATION , MALAPPURAM PETITIONER/ACCUSED:
------------------------------- PRASANTH, S/O.KRISHNAN AGED 33 YEARS VELUTHETHODI HOUSE, CHEMBRASSERI EAST P.O, ERNAD TALUK MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH (K/489/2011) RESPONDENTS :
----------------------------
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2. THE SUB INSPECTOR OF POLICE MANJERI POLICE STATION, MALAPPURAM DISTRICT-676 121. 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.6146 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.1382 of 2015 of Manjeri Police Station registered under Section 376 of IPC.
3. The prosecution case is that, from October 2013 onwards, the petitioner threatened the defacto complainant, a lady aged 27 years, and committed rape on her on many occasions.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that, the defacto complainant is a lady of ill repute and she herself is an accused in Crime No.100 of 2013 of Kolathur Police Station. According to the petitioner, she is a member in a racket dealing in flesh trade. The petitioner is falsely implicated in the case.
6. The learned Public Prosecutor submitted that, the petitioner was arrested only on 20.09.2015.
7. Considering the stage of investigation and the nature of allegation, bail is granted to the petitioner with the following conditions :
i. The petitioner shall be released on bail on
B.A.No.6146 of 2015 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 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