Shaymkumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Bail Appl..No. 6354 of 2015 () ------------------------------- CRIME NO. 1112/2015 OF KILIMANOOR POLICE STATION, THIRUVANANDAPURAM DISTRICT ----------- PETITIONER/ACCUSED :
---------------------------------- SHAYMKUMAR, AGED 40 YEARS, S/O. SASIDHARAN NAIR, S.R. BHAVAN, CHITHRANALLOOR, PEROOR DESOM, VELLALLOOR VILLAGE, BY ADVS.SRI.M.BALAGOVINDAN SRI.S.SHIBU KUMAR SMT.S.ABJA RESPONDENTS/STATE & COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031
2. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE KILIMANOOR POLICE STATION, KILIMANOOR - 695601 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6354 of 2015 -------------------------------------------- Dated this the 15th day of October 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the accused in Crime No.1112 of 2015 of Kilimanoor Police station registered for the offence punishable under Sec.376 of the Indian Penal Code. Prosecution case is that, the petitioner committed rape on the defacto complainant initially in the month of October 2014 and thereafter, on so many occasions by extending a promise to marry her.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the version of the defacto complainant is an utter lie. and the petitioner is not involved in any offence as alleged.
5. Learned Public Prosecutor submitted that investigation has advanced to a considerable extent. Considering the fact that the petitioner is in
Bail Appl. No.6354 of 2015 2 custody for 66 days and no charge has been filed in this case, bail is granted to him 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.
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 for interrogation all Sundays between 10.00 a.m. and 11.00 a.m. till the final report is filed.
iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
Bail Appl. No.6354 of 2015 3 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 / True Copy / NS/15/10/2015 P.A. To Judge