Prineesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Bail Appl..No. 6712 of 2015 -------------------------------------- CRIME NO. 556/2015 OF WADAKKANCHERY POLICE STATION, THRISSUR PETITIONER(S)/ACCUSED:

-------------------------------------- PRINEESH, AGED 28 YEARS, S/O. FRANCIS, MURINGATHERI HOUSE, MANKARA DESOM, WADAKKANCHERRY, TALAPILLY TALUK, THRISSUR.

BY ADVS.SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN (MUTHUKULAM) SMT.V.SHARMILA SMT.E.U.DHANYA RESPONDENT(S):

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 28th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.556 of 2015 of Wadakkancherry Police Station registered for the offences punishable under Sections 354, 376, 341, 457, 452 and 506(i) r/w Section 34 of the Indian Penal Code. 3.

Prosecution allegation against the petitioner is that on 20.12.2014 at about 09.30 p.m., the petitioner committed trespass into the bathroom of the defacto complainant and took her nude photographs. Thereafter, he threatened her that it would be published. Keeping that threat, he committed rape on her.

4.

Heard both sides.

5.

Leaned Public Prosecutor submitted that the investigation has been completed and charge has been filed before the JFCM-I, Wadakkancherry. It is not clear that as to whether the matter has been committed or not.

Therefore, the following directions are issued: (a) The petitioner shall be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the JFCM-I, Wadakkancherry.

(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioner shall not intimidate or attempt to influence the witnesses.

(d) The petitioner shall not in any manner interfere or meddle with the investigation.

(e) Petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the

investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge