Reneesh Rajan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 Bail Appl..No. 6554 of 2015 () ------------------------------- CRIME NO. 1897/2015 OF THRIKKODITHANAM POLICE STATION, KOTTAYAM DIST. ......

PETITIONER/1ST ACCUSED:

----------------------------------------- RENEESH RAJAN, AGED 33 YEARS, S/O.K.J. RAJAN, KANICHUKULAM HOUSE, MAMMOODU (PO), MADAPPALLY, CHANGANASSERY, KOTTAYAM DISTRICT.

BY ADVS.SRI.M.V.THAMBAN, SRI.R.REJI.

RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, THRIKKODITHANAM POLICE STATION, KOTTAYAM DISTRICT.

BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6554 of 2015 -------------------------------------------- Dated this the 26th day of October 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.1897 of 2015 of Thrikkodithanam Police station registered for the offences punishable under Secs.323, 324, 294(b), 506(ii) and 354 read with Sec.34 of the Indian Penal Code. Although, there was an allegation of commission of offence under Sec.326 IPC earlier, that was deleted. Prosecution case is that on 27.09.2015 at about 10.30 p.m., there was a scuffle in the house of the 2nd accused. The prosecution alleged that the accused persons, after consuming liquor, attacked the defacto complainant, a lady residing in the neighbourhood and she was pulled by wearing apparel and thereby outraged her modesty.

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

4. After hearing the learned counsel on both

Bail Appl. No.6554 of 2015 2 sides and on perusing the case diary, I am of the view that the allegations in the case diary relating to the petitioner does not make him entitle to claim pre arrest bail.

The petitioner shall surrender before the investigating officer within a period of one week and submit himself for interrogation. The Investigating Officer shall, after questioning the petitioner, produce him before the learned Magistrate having jurisdiction on the date of surrender itself. The petitioner is free to move application for bail before the learned Magistrate. The learned Magistrate shall consider the application, if any, filed by the petitioner as expeditiously as possible, if possible on the date of filing of the bail application itself. Sd/- A. HARIPRASAD JUDGE / True Copy / NS/26/10/2015 P.A. To Judge