Kerala High Court
Jayan vs State Of Kerala on 13 November, 2014
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.KEMAL PASHA
THURSDAY, THE 13TH DAY OF NOVEMBER 2014/22ND KARTHIKA, 1936
Bail Appl..No.8075 of 2014
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CRIME NO.677/2014 OF ALAKODE POLICE STATION,KANNUR
PETITIONER/ACCUSED:
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JAYAN,S/O.RAVEENDRAN,AGED 24 YEARS,
VADAYATTUKUNNEL HOUSE,MULAKUVALLY,
PATHANPARA.P.O,VELLAD AMSOM,
TALIPARAMBA TALUK,KANNUR DISTRICT.
BY ADVS.SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, THROUGH S.H.O,
ALAKODE POLICE STATION,KANNUR DISTRICT.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13-11-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
pk
B.KEMAL PASHA, J.
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B.A.No.8075 of 2014 D
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Dated this the 13th day of November, 2014
ORDER
Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.677/2014 of Alakode Police Station registered for the offence punishable under Section 376 of the Indian Penal Code.
3. The allegation against the petitioner is that 10 months prior to 14.9.2014, while the de-facto complainant was returning from the school after placing her children in the school, she was dragged by the petitioner into a nearby rubber estate and committed rape on her. It is alleged that on a subsequent date also, by intimidating her, he committed rape on her in an autorikshaw. The de-facto complainant became pregnant and delivered a child on 14.9.2014. The petitioner has been in custody for the period from 22.10.2014.
B.A.8075 of 2014 2
4. Heard learned counsel for the petitioner and the learned Public Prosecutor and perused the C.D. No criminal antecedents have been reported against the petitioner. It seems that the investigation of the case is practically over. Continued detention of the petitioner in custody, is not required for the continued investigation of the case. Considering the facts and circumstances of the case, I am satisfied that the petitioner can be enlarged on bail.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for 1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Sundays and B.A.8075 of 2014 3 Wednesdays, commencing from 16.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge