Lipin @ Unni v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Bail Appl..No. 6867 of 2015 () ------------------------------- CRIME NO. 585/2015 OF VENJARAMOODU POLICE STATION , THIRUVANANTHAPURAM DISTRICT --------------- PETITIONER/ACCUSED:
------------------------------------- LIPIN @ UNNI, S/O.BALAKRISHNAN NADIR, AGED 23 YEARS, ''LEKSHMI BHAVAN'', ANBAKUDI P.O., VAMANAPURAM VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.R.B.RAJESH RESPONDENT(S)/STATE :
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -31.
2. THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 035.
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J --------------------------------------------------------- B.A.No. 6867 of 2015 --------------------------------------------------------- Dated this the 04th day of November, 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the accused in Crime No.585 of 2015 of Venjaramoodu Police Station, registered for the offences punishable under Secs.451, 354, 506(1) and 511 of 376 of IPC. The prosecution case is that on 24.05.2015 at 1.00 a.m., the petitioner who is a neighbour of the de-facto complainant, criminally trespassed into her house and attempted to commit rape on her. In the process, he outraged the modesty of the de-facto complainant.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned Counsel for the petitioner submitted that the petitioner remains in custody from 15.09.2015 onwards.
B.A.No. 6867 of 2015 -25. The learned Public Prosecutor, on instructions, submitted that he is in custody from 22.09.2015. Whatever that be, the investigation has been completed and the final report has been filed.
6. It is not clear as to whether the matter has been committed, hence the 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 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 lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can
B.A.No. 6867 of 2015 -3also be relied on. iv. The petitioner shall appear before the Court below on all posting dates without any fail.
v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
vi. 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 bpr