Kerala High Court
Aswin Sha Chandran vs State Of Kerala on 27 August, 2021
Author: M.R.Anitha
Bench: M.R.Anitha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
BAIL APPL. NO. 6270 OF 2021
CRIME NO.144/2018 OF Perambra Police Station, Kozhikode
PETITIONER/ACCUSED:
ASWIN SHA CHANDRAN
AGED 26 YEARS
S/O. CHANDRAN, ERAM POYIL MEETHAL HOUSE, PERAMBRA (P.O),
KOZHIKODE DISTRICT, PIN - 673525.
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
M.P.PRIYESHKUMAR
K.V.SREERAJ
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI -682031.
2 STATION HOUSE OFFICER
PERAMBRA POLICE STATION, KOZHIKODE DISTRICT, PIN - 673525.
BY PUBLIC PROSECUTOR SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6270 OF 2021(C)
2
ORDER
Dated this the 27th day of August,2021 Petitioner is the sole accused in Crime No.144/2018 of Perambra Police Station for an offence punishable under Section 376 IPC.
2. The allegation against the petitioner is that on 05.03.2018 the petitioner offered drop to the defacto complainant and took her to the house of his relative at Payoli and thereafter committed rape on her.
3. When the case came up for hearing, the learned counsel for the petitioner submitted that the matter has been settled between the parties and both of them were produced before the Magistrate and she has given a statement that they got married and thereafter living together as husband and wife. It is also submitted by the learned counsel for the petitioner that now she is pregnant. The affidavit of the defacto complainant has also been produced as Annexure B, wherein she has categorically stated that they have settled the matter out of court and now she is happily residing with the petitioner and has no B.A.No.6270 OF 2021(C) 3 grievance against him.
4. The learned Public Prosecutor on instruction submitted that the matter has been amicably settled between the parties and now the petitioner and the defacto complainant are living together. In the said circumstances, custodial interrogation of the petitioner is not necessary.
5. In the above circumstances, the application filed by the petitioner is allowed on the following conditions:
(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.
(ii) The petitioner shall appear before the investigating officer for interrogation as and when required by him in writing. He shall co-operate with the investigation of the case.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
B.A.No.6270 OF 2021(C) 4 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
The Bail Application is allowed accordingly.
Sd/-
M.R.ANITHA
shg JUDGE