Kerala High Court
Ayyappadas vs State Of Kerala on 8 February, 2017
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2017/19TH MAGHA, 1938
Bail Appl.No. 740 of 2017
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CRIME NO. 20/2017 OF PAZHAYANNUR POLICE STATION, THRISSUR
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PETITIONER(S)/ACCUSED:
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AYYAPPADAS,
AGED 32 YEARS, S/O. RAJAN, PANTHALUR HOUSE,
ORALASSERI PEEDIKAMUKKU, KANIYARKODE P.O.,
THIRUVILWAMALA, THALAPPILLY TALUK,
THRISSUR DISTRICT.
BY ADVS.SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.VINAYA V.NAIR
SRI.VYSAKH VIJAYAN
RESPONDENT(S)/STATE/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
K.ABRAHAM MATHEW, J.
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B.A.No. 740 of 2017
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Dated this the 8th day of February, 2017
ORDER
Petition filed under Section 439(1) Cr.P.C.
2. Petitioner is the accused in Crime No.20 of 2017 of Pazhayannur Police Station registered for the offences under Sections 354B, 354C and 376 IPC.
3. The prosecution case is that on 1.12.2017 the petitioner disrobed the first informant who is aged 66 years, committed rape on her and took her nude photographs and blackmailed her using the photos. Learned counsel submits that the allegation is false.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The first informant was residing alone in a house when the incident happened at 5.30 in the evening on 1.12.2016. The police was informed only on 7.1.2017. There is no explanation for the delay. It is seen from the certificate issued by the doctor who examined the first informant that there was no evidence of any resistance. The petitioner has been in custody since 10.1.2017. His further detention is not B.A.No. 740 of 2017 2 necessary for completion of the investigation.
In the result, this Bail Application is allowed.
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 lower court concerned.
ii. He shall appear before the investigating officer for interrogation if he is so required by him in writing.
iii. He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.
iv. He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.
v. He shall not leave the State of Kerala without the previous permission of the court of enquiry or trial court as the case may be.
B.A.No. 740 of 2017 3
vi) He shall not contact or communicate with the victim directly or indirectly.
In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW JUDGE pm