Suni v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 Bail Appl..No. 7922 of 2015 ---------------------------------------- CRIME NO. 1508/2015 OF KALLAMBALAM POLICE STATION , THIRUVANANTHAPURAM DISTRICT ---------------- PETITIONER(S)/ACCUSED :
------------------------------------------ SUNI, AGED 26 YEARS, S/O.SUKUMARAN, KAVUVILA VEEDU, KURUNAGAPAN, KAVU MELATTINGAL, KIZHATTINGAL VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN RESPONDENT(S)/STATE :
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM - 695 001.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
------------------------------------------------ B.A No.7922 of 2015 ------------------------------------------------ Dated this the 16th day of December, 2015.
O R D E R
Application for bail under Section 439 Cr.P.C. 2.
Petitioner is the accused in Crime No.1508/2015 of Kallambalam Police Station registered for offences punishable under Sections 366 and 376 I.P.C and Sections 3 and 4 of the Protection of Children from Sexual Offences Act. 3.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4.
Prosecution case, in short, is that on 19-10-2015, the petitioner kidnapped a minor girl, aged 17 years and committed rape on her.
5.
Learned counsel for the petitioner submitted that the petitioner was in love with the girl and they performed a ceremony of marriage, although it may not be legally valid one. He had no intention to commit any offence. The petitioner is in custody from 23-10-2015 onwards. Considering the stage of
B.A No.7922 of 2015 2 investigation, bail is granted to the petitioner with following strict conditions :
1. The petitioner shall be released on bail on 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 Special Judge having jurisdiction.
2. The sureties shall produce documents to establish their identity and solvency. The learned Special Judge need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3. The petitioner shall appear before the Investigating Officer on all Saturdays between 09.00 and 10.00 a.m until final report is filed.
4. The petitioner shall not indulge in any offence while on bail.
5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
If any of the above conditions is breached by the petitioner, the learned Special Judge is free to cancel bail without referring the matter to this Court.
Sd/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge