Kerala High Court
Sreekumar @ Kumar vs State Of Kerala on 3 June, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
Bail Appl..No. 3780 of 2019
CRIME NO. 118/2019 OF Kainady Police Station , Alappuzha
PETITIONER/S:
SREEKUMAR @ KUMAR
AGED 46 YEARS
S/O.PAPPU, RESIDING AT EDAVUMTHALA HOUSE,
KUNNUMMA VILLAGE, KUTTANADU TALUK,
ALAPPZUZHA DISTRICT.
BY ADV. SRI.K.SHAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-31.
2 SUB INSPECTOR OF POLICE,
KAINADY POLICE STATION, ALAPPUZHA-688 506.
OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.06.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3780/2019 2
ALEXANDER THOMAS, J.
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B.A.No.3780 of 2019
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Dated this the 3rd day of June, 2019
ORDER
The petitioner is the sole accused in Crime No.118/2019 of Kainady Police Station, which has been registered for offences punishable under Sections 376, 342, 506(1), 354 of IPC and Section 66E of IT Act, 2000.
2. The prosecution case in short is that the petitioner/accused, who is known to the lady defacto complainant's husband, had assured to give Rs.25,000/- financial assistance for the treatment of the lady's husband and that the petitioner had instructed her to come to a shed for collecting money and that at that point of time, had forcibly committed sexual intercourse on her and that he had taken her nude photographs and had threatened her that if she does not yield again, he will circulate it etc. The petitioner has been under judicial custody on 7.3.2019.
3. Sri. K. Shaj, learned counsel appearing for the petitioner submits that the investigation has not so far been completed and that it is not possible for the investigating agency to file the final report in this case within the 90 days period as prescribed in Section 167(2) of Cr.P.C. and that therefore, the petitioner is entitled to secure statutory default bail by the operation of the proviso to Section 167(2)of Cr.P.C., by B.A.No.3780/2019 3 6.6.2019. It is beyond any dispute that the period during which the final report has to be filed for offences in the present case is 90 days as per the prescription in Section 167 (2) Cr.P.C., failing which the accused is entitled to get statutory default bail and the said period is to fall by 6/6/2019. To a specific query raised by this Court as to whether the investigating agency has filed the final report in this case or whether it is possible for them to file final report before 7.6.2019, the learned Public Prosecutor has submitted on the basis of instructions that the investigation has not so far been completed and that it may not be possible for the investigating agency to file the final report in this case within 90 days prescribed period due to exigencies beyond its control. If that be so, the petitioner is entitled for the grant of statutory default bail by 6.6.2019, which is hardly three days from today.
4. Taking note of the specific allegations raised in the instant crime as well as the aforementioned factual aspects that the investigating agency is not likely to file final report in the matter before 7.6.2019, this Court is inclined to grant regular bail to the petitioner subject to stringent conditions.
5. The learned Public Prosecutor would point out that the petitioner is likely to influence and intimidate the witnesses including the lady defacto complainant etc. The said apprehension of the prosecution could be alleviated by directing that the petitioner shall not reside B.A.No.3780/2019 4 anywhere within the territorial limits of the Police Station, where the lady defacto complainant is residing until the conclusion of the investigation in this case.
6. Accordingly, it is ordered that the petitioner/accused shall be released on bail on his executing a bond for Rs.40,000/- (Rupees Forty Thousand only) and on his furnishing 2 solvent sureties for the like sum each to the satisfaction of the competent court concerned. However, the above order shall be subject to the following conditions:
(i). The petitioner will report before the Investigating Officer concerned at any time between 10:00 a.m. and 12:00 noon on every 2nd and 4th Saturdays for the next 3 months. Thereafter the petitioner shall report before the Investigating Officer as and when directed by him.
(ii). The petitioner shall not intimidate or attempt to influence the defacto complainant/victim, witnesses;
nor shall tamper with the evidence.
(iii). The petitioner shall not commit any similar offence while on bail.
(iv) The petitioner shall not contact or go anywhere near the residence of the lady defacto complainant
(v) The petitioner shall not enter into or reside anywhere within the territorial limits of the Police Station, where the lady defacto complainant is residing until the conclusion of the investigation, except for the limited purpose of reporting before the Investigating Officer in this case or in any other crimes and for attending to the courts in connection with this case or any other cases or for contacting his advocate/lawyer, etc. However, if there is any genuine need for the petitioner may temporarily enter into the said area, he may do so, only with due permission of the Investigating Officer.
(vi) The Investigating Officer will depute a Police Constable preferably a lady Police Constable once in four weeks or B.A.No.3780/2019 5 at least once in six weeks to the residence of the lady defacto complainant to ascertain from her that the petitioner has intimidated or influenced her or any of her family members and if anything adverse is brought to the notice of the lady Police Constable, she shall immediately deal with the matter in accordance with law.
In case of violation of any of the above conditions, the jurisdictional Court concerned will stand hereby empowered to consider the application for cancellation of bail, if required, and pass appropriate orders in accordance with the law.
With these observations and directions, the above Application stands allowed.
Sd/-
ALEXANDER THOMAS, JUDGE acd