Sreejith @ Kannan v. 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. 6172 of 2015 () ------------------------------- AGAINST THE ORDER IN Bail Appl. 5763/2015 of HIGH COURT OF KERALA DATED 29.09.2015 CRIME NO. 952/2015 OF KOODAL POLICE STATION , PATHANAMTITTA PETITIONER/ACCUSED :

----------------------------------- SREEJITH @ KANNAN, AGED 31 YEARS S/O.SREENIVASAN, THAZHATHIYIL VEEDU, THODUKAPARAMBU, ARAKINAR P.O., BEPOOR VILLAGE, KOZHIKODE DISTRICT BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH RESPONDENT :

---------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031 ERNAKULAM R BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AV

A.HARIPRASAD, J.

------------------------------ B.A.No.6172 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. The accused in Crime No.952 of 2015 of Koodal Police Station has approached this Court seeking bail. He is involved in offences punishable under Sections 417, 420 and 376 of the Indian Penal Code.

3. The prosecution case is that, the petitioner promised to marry the defacto complainant and thereafter committed rape on her on many occasions. Later he withdrew from the promise to marry.

4. According to the prosecution, the incident happened on some day in 2013. The complaint was filed only in the year 2015. The petitioner remains in custody from 26.08.2015.

5. Head both sides.

6. It is not in dispute that the investigation has advanced to a considerable extent. Therefore, bail is granted 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.6172 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 9.00 a.m. and 10.00 a.m. on all Sundays 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