Kerala High Court
Sajeer vs Sub Inspector Of Police on 7 August, 2014
Author: V.K.Mohanan
Bench: V.K.Mohanan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
THURSDAY, THE 7TH DAY OF AUGUST 2014/16TH SRAVANA, 1936
Bail Appl..No. 5855 of 2014 ()
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CRIME NO. 957/2013 OF VITHURA POLICE STATION, THIRUVANANDAPURAM
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PETITIONER/ACCUSED :
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SAJEER, AGED 21 YEARS, S/O.SULAIMAN,
RESIDING AT SAJNA MANZIL, CHITTEKONAM,
VINOBA P.O., MALAYADI, THOLIKKODU
NEDUMANGADU, THIRUVANANTHAPURAM.
BY ADVS.SRI.THIRUMALA P.K.MANI
SRI.DDIPU
RESPONDENTS/STATE :
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1. SUB INSPECTOR OF POLICE, VITHURA POLICE STATION,
THIRUVANANTHAPURAM-695001.
2. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 & R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07-08-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BP
V.K.MOHANAN, J
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B.A No. 5855 of 2014
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Dated this the 7th day of August, 2014
ORDER
Petitioner who is an accused in Crime No. 957/2013 of Vithura Police Station, apprehending arrest in the above crime has preffered the above application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
2. The prosecution allegation is that the petitioner/accused with an intention to commit rape upon the de facto complainant, entered into the dwelling house of the de facto complainant at about 4:30 p.m on 14.12.2013 under the pretext of taking drinking water and when the de facto complainant gone to the kitchen to take water, the accused followed her and caught hold of her and pressed her to the wall and pressed her breast on both sides with B.A No.5855/2014 2 his right hand and when the de facto complainant attempted to escape from his clutches, she was pulled down and, thus, according to the prosecution, the accused has committed the offences punishable under Sections 432 and 511 of 376 of the Indian Penal Code.
3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
4. The learned counsel for the petitioner vehemently submitted that the petitioner is a student of B.A course and he is studying in Nedumangad Govt. College and, according to the learned counsel for petitioner, there was monetary transaction between the petitioner and the de facto complainant and, thus, the present case foisted against him out of the above transaction.
5. On the other hand, the learned Public Prosecutor submitted that the petitioner, on several occasions, prior to the present date of occurrence, attempted to commit rape on the very same de facto complainant.
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6. On considering the submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor, particularly in view of the nature of the allegations against the petitioner, who is a student, relief as sought for can be granted particularly when the custodial interrogation of the petitioner is not probably required.
In the result, this petition is allowed and, accordingly, there will be a direction that in the event of the arrest of the petitioner in Crime No.957/2013 of Vithura Police Station, he shall be released on bail on his executing a bond for `35,000/- (Rupees Thirty Five Thousand only) with two solvent sureties, each for like amount, to the satisfaction of the Investigating Officer in the above crime and on the following further conditions:
i) Petitioner shall report before the Investigating Officer in the above crime between 10 a.m and 11 a.m on every Sunday.
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ii) Petitioner shall not tamper with the evidence and try to influence any witnesses.
iii) Petitioner shall not interfere with the investigation.
V.K.MOHANAN, JUDGE vdv