Kerala High Court
Ratheesh K.C vs State Of Kerala on 22 February, 2017
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 22ND DAY OF FEBRUARY 2017/3RD PHALGUNA, 1938
Bail Appl.No. 954 of 2017
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CRIME NO. NOT KNOWN OF TOWN EAST POLICE STATION, ERNAKULAM
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PETITIONER(S)/ASCCUSED:
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RATHEESH K.C.,
AGED 30 YEARS, S/O CHANDAN K.R., KOLLOMKUDIMUGAL
HOUSE, KOLLAMKUDIMUGAL, THRIKKAKARA,
ERNAKULAM DISTRICT-682 021.
BY ADV. SRI.P.B.AJOY
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY SHO OF THRIKKAKARA POLICE
STATION, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 22-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
K.ABRAHAM MATHEW, J.
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B.A.No.954 of 2017
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Dated this the 22nd day of February, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
2. Petitioner apprehends that he will be arrested by the Thrikkakara Police on the allegation that he has committed some non-bailable offences.
3. Learned Public Prosecutor submits that he is the accused in Crime No.118 of 2017 of Thrikkakara Police Station registered for the offences under Sections 294(b), 376 and 506 of the IPC and Section 67E of the I.T.Act.
4. The prosecution case is that between June, 2014 and December, 2016 the petitioner had sexual intercourse with the victim against her will and without her consent. Further he intimidated her and took her nude photographs.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
6. Admittedly, the petitioner and the victim are married. There were frequent sexual intercourses between them for about two years. Prima facie, it was with the consent of the victim the B.A.No.954 of 2017 2 sexual intercourse took place. This is a fit case to grant anticipatory bail.
In the result, this application is allowed. i. The petitioner shall be released on bail after interrogation on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum if he is arrested by the investigating officer in connection with this case. ii. He shall appear before the Investigating Officer every first and third Saturdays between 3 p.m. and 4 p.m. for three months or till the final report is filed, whichever is earlier.
iii 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. iv. He shall not get himself involved in any other criminal case while he is on bail.
v. He shall not intimidate or attempt to influence the witnesses.
vi. He shall not destroy or tamper with evidence. B.A.No.954 of 2017 3 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K.ABRAHAM MATHEW, JUDGE ln /True copy/ P.A. to Judge