Ajayan vs State Of Kerala on 9 August, 2011

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Kerala High Court

Ajayan vs State Of Kerala on 9 August, 2011

Bench: K.T.Sankaran

       

  

  

 
 
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT :

        THE HONOURABLE MR. JUSTICE K.T.SANKARAN

        TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933

                  Bail Appl..No. 6314 of 2011

         CRIME NO.1733 OF 2011 OF KARUNAGAPPALLY POLICE STATION, KOLLAM.

PETITIONER: ACCUSED NO.6:
--------------------

            AJAYAN, S/O.GOPALAN, AGED 36 YEARS,
            KADAKKAL KIZHAKKATHIL,
            KESAVA PURAM MURI,
            KARUNAGAPPALLY - 690 518.

            BY ADV. SRI.P.V.VENUGOPAL


RESPONDENTS: COMPLAINANTS:
---------------

  1.        STATE OF KERALA,
            REPRESENTED BY ITS PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA- 682 031.

  2.        SUB INSPECTOR OF POLICE,
            KARUNAGAPPALLY - 690 518.

            PUBLIC PROSECUTOR SRI.V.MANU

      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 09/08/2011,        THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:


                          K.T.SANKARAN, J.
               --------------------------------------------------
                         B.A.No.6314 of 2011
               --------------------------------------------------
               Dated this the 9th day of August, 2011

                                 O R D E R

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.1733 of 2011 of Karunagappally Police Station.

2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code.

3. The prosecution case is that accused No.1 Mahesh, who was in love with the daughter of the de facto complainant, took the girl to Thriprayar and other places and he had intercourse with the girl. The girl was aged 16 years at the relevant time. The only allegation against the petitioner is that he is the friend of accused No.1 and he drove the car in which the accused and the girl travelled.

4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of BA 6314 of 2011 :: 2 ::

the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders;

b) The petitioner shall appear before the investigating officer for interrogation as and when required .

c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence .

d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed to the extent indicated above.

K.T.SANKARAN Judge ahz/

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