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. 6169 of 2015 () ------------------------------- AGAINST THE ORDER IN CMP 6609/2015 of J.M.F.C.,PAYYANNUR DATED 29.09.2015 AGAINST THE ORDER IN Bail Appl. 5476/2015 of HIGH COURT OF KERALA DATED 22.09.2015 CRIME NO. 962/2015 OF PARIYARAM POLICE STATION , KANNUR PETITIONER /ACCUSED :

-------------------------------------------- RAJESH AGED 40 YEARS S/O. KUNHAPPAN, PULIKKIYIL HOUSE, PANAPPUZHA AMSOM PUNIYAMKODE, MATHAMANGALAM P.O., KAITHAPRAM P.O. KANNUR DISTRICT.

BY ADV. SRI.I.V.PRAMOD RESPONDENT/COMPLAINANT/STATE :

------------------------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

R 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: AV

A.HARIPRASAD, J.

------------------------------ B.A.No.6169 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 sole accused in Crime No.962 of 2015 of Pariyaram Police Station registered under Sections 376 and 312 of IPC.

3. The prosecution case in short is that, the accused having acquaintance with the husband of the defacto complainant lent money to her in 2013. It is alleged that, the petitioner exploited the relationship and raped the defacto complainant on many occasions.

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

5. Pursuant to the order in B.A.No.5476 of 2015 the accused surrendered on 29.09.2015. The investigation has advanced to a considerable extent.

6. Considering the above facts, 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

B.A.No.6169 of 2015 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