Kerala High Court
Prasanan vs State Of Kerala on 27 July, 2012
Author: N. K. Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 27TH DAY OF JULY 2012/5TH SRAVANA 1934
Bail Appl..No. 5313 of 2012 ()
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CRIME NO. 271/2012 OF ARUVIKKARA POLICE STATION
PETITIONER/ACCUSED(S):
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PRASANAN,, AGED 51 YEARS
S/O.DIVAKARAN, DEVIKRISHNA, MONI ENCLAVE
KATCHANI H.S. JUNCTION, KARAKULAM P.O.
THIRUVANANTHAPURAM.
BY ADV. SRI.V.R.GOPU
RESPONDENT(S)/COMPALAINANTS:
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
2. THE CIRCLE INSPECTOR OF POLICE,
NEDUMANGAD CIRCLE, THIRUVANANTHAPURAM-695 001.
BY PUBLIC PROSECUTOR RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
27-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
N. K. BALAKRISHNAN, J.
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B. A. No. 5313 of 2012
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Dated this the 27th day of July, 2012
O R D E R
Petitioner is the accused in Crime No. 271 of 2012 of Aruvikkara Police Station, Thiruvananthapuram district. Offences alleged against him are under sections 376, 493, 495 and 496 IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. A complaint was filed before the learned Magistrate alleging the aforesaid offences. It was forwarded to the police under section 156(3) Cr.P.C, based on which the crime was registered.
3. It is pointed out by the learned counsel for the petitioner that so many unconnected facts starting from 1996 have been put forward by the de facto complainant. It is stated one place that she was married by the petitioner. It is also pointed out that going through the statements given by the father and mother of the complainant it could be B.A.No.5313/2012 - 2 - seen that the lady was having connection with so many persons and one person who was stated to have married or having connection with that woman subsequently committed suicide. There are unbelievable statements made by the complainant, the learned counsel for the petitioner submits.
4. The irreconcilability in the statements made by the de facto complainant and her parents would affect the case of the prosecution itself. For the purpose of considering this application for bail, it has to be stated that the case of rape stated in the complaint is incredible.
5. Considering all the aspects, the following directions are issued:
The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the petitioner shall be produced before the learned Magistrate. When applied for bail by petitioner, the learned Magistrate can, considering the nature of the case, grant bail to him but on the following conditions:
a) The petitioner shall execute a bond for B.A.No.5313/2012 - 3 - Rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b) The petitioner shall make himself available for interrogation by the Investigating Officer and he should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c) The petitioner shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d) The petitioner will also file an affidavit stating that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or B.A.No.5313/2012 - 4 - promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e) The petitioner shall not leave the State of Kerala without permission of the court.
f) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/driving licence etc. N.K. BALAKRISHNAN, JUDGE mn