Kerala High Court
Ajay.T.@ Ajayan vs State Of Kerala on 16 November, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY, THE 23RD DAY OF DECEMBER 2016/2ND POUSHA, 1938
Bail Appl..No. 8843 of 2016 ()
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AGAINST THE ORDER/JUDGMENT IN CMP 7044/2016 of JUDICIAL FIRST CLASS
MAGISTRATE COURT,,PAYYANNUR DATED 16-11-2016
CRIME NO. 1862/2016 OF PAYYANNUR POLICE STATION , KANNUR
PETITIONER(S)/ACCUSED:
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AJAY.T.@ AJAYAN
AGED 25 YEARS, S/O. HARIDASAN, MANHARE VALAPPIL HOUSE,
MADAYI AMSOM, PAYYANNUR,
KANNUR DISTRICT
BY ADVS.SRI.M.SASINDRAN
SRI.P.K.SUBHASH
RESPONDENT(S)/COMPLAINANT & STATE:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM 682 031
2. THE STATION HOUSE OFFICER
(CRIME NO 1862 OF 2016 OF PAYYANNUR POLICE STATION)
KANNUR DISTRICT 670 307
R BY ADV.AJITH MURALI,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-12-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO.8843 OF 2016
APPENDIX
PETITIONERS EXHIBITS
ANNEXURE A1-TRUE COPY OF THE ORDER DATED 16.11.2016
RESPONDENTS EXHIBITS
NIL
TRUE COPY
SKS P.A TO JUDGE
A.M.BABU, J.
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B.A.No.8843 of 2016
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Dated 23rd day of December, 2016
ORDER
Petitioner is the accused in Crime No.1862/2016 of the Payyannur Police Station. He is alleged to have committed offences punishable under Secs 376 and 506 (1st paragraph) of the IPC and under Sec.66E of the Information Technology Act. He is in custody. He seeks bail under Sec.439 of the Cr.P.C.
2. The prosecution case is that on 9.9.2016, 20.09.2016 and 9.10.2016 the petitioner committed rape on the de facto complainant making her to believe that he would marry her. It is also alleged that he had taken her nude photos using his mobile phone. It is further alleged that he criminally intimidated her with the threat to cause her death in the event of her divulging the incidents to anybody.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned Public Prosecutor strongly opposed grant of bail. I am shown the case diary. I have perused the papers in it. The petitioner is in custody since 15.11.2016. The case diary suggests that the investigation is more or less completed. The 2 B.A.No.8843 of 2016 statement of the victim has been recorded under Sec.164 of the Cr.P.C. In these circumstances, further detention of the petitioner in jail is not necessary. I am therefore inclined to grant bail under Sec.439 of the Cr.P.C.
In the result, the application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.60,000/- with two solvent sureties for the like sum each to the satisfaction of the Magistrate who has jurisdiction to commit the case to the Court of Session. The petitioner shall co-operate with the investigation. He shall make himself available for interrogation as and when required by the investigating officer. He shall report before the investigating officer between 10.am and 11 a.m on every Wednesday for a period of four months or till the filing of the final report, whichever is earlier. The petitioner shall not intimidate or try to influence witnesses; nor shall he destroy evidence or tamper with it. The petitioner shall keep himself away till the filing of the final report from the limits of the Payyannur police station except for reporting to the investigating officer as directed above. The petitioner shall surrender his passport before the learned Magistrate. If the petitioner does not 3 B.A.No.8843 of 2016 possess a passport, he shall file an affidavit to that effect before the learned Magistrate. The passport shall be surrendered or, as the case may be, the affidavit shall be filed within two days after the release of the petitioner. The learned Magistrate is hereby empowered to cancel the bail in the event of violation of any of the conditions mentioned above.
A.M.BABU Judge sks/23.12.2016