Kerala High Court
T.D.Shajan vs Sub Inspector Of Police on 4 April, 2014
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 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936
Bail Appl..No. 2321 of 2014
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CRIME NO. 620/2014 OF IRINJALAKUDA POLICE STATION , THRISSUR
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PETITIONER/ACCUSED :
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T.D.SHAJAN, AGED 43 YEARS,
S/O. DAMODARAN, THYPARAMBIL HOUSE, VALLIVATTOM P.O.,
KONATHAKUNNU VIA, MUKUNDAPURAM TALUK,
THRISSUR-680 123.
BY SRI.P.VIJAYA BHANU,SENIOR ADVOCATE
ADVS.SRI.M.H.HANIL KUMAR
SRI.M.R.DHANIL
RESPONDENTS/COMPLAINANT/STATE :
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1. SUB INSPECTOR OF POLICE,
IRINJALAKUDA POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. CIRCLE INSPECTOR OF POLICE,
IRINJALAKUDA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
3. DEPUTY SUPERINTENDENT OF POLICE,
IRINJALAKUDA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
4. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 TO R4 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04-04-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
N.K. BALAKRISHNAN, J.
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B.A. No. 2321 of 2014 (A)
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Dated this the 4th day of April, 2014
O R D E R
The petitioner is the 1st accused in Crime No.620/2014 of Irinjalakuda Police Station, Thrissur District. Offences alleged are under sections 341, 323, 506(i), 354A and 376A r/w 34 of IPC and section 119(b) of K.P. Act. Apprehending arrest, this petition is filed for anticipatory bail.
2. The petitioner is running a textile shop for about 1= years. The complainant was employed as a sales girl. She is aged 40 years and is a mother of 17 year old girl. Her husband is employed in gulf. It is stated that she hails from a wealthy family and for a 'time pass' she got herself employed in the textile shop.
B.A. No. 2321/2014 (A) -2-
3. Crime was registered based on the petition given by her to the Police on 20.3.2014. It was alleged that on 7.10.2013, when she went to the shop, she was taken to the rear verandah from where she was raped by the accused. She says that the accused had sexual intercourse with her on other occasions also. It is further stated that thereafter the accused had obtained money from her several times.
4. The learned senior counsel appearing for the petitioner submits that the complainant is not a woman of stable character. Because of behavioural disorder exhibited by her, she was expelled from the shop. So many facts are stated in the F.I. Statement which do not have sequence.
5. It is seen from the records that she had cut the vein of her hand with a knife. She was immediately taken to the hospital. I have gone through the Case Diary. It is reported that though she had stated about certain incidents, B.A. No. 2321/2014 (A) -3- nobody from the textile shop or from the neighbourhood supported that statement.
6. It is pointed out that it is quite improbable if not impossible to have sexual intercourse from that shop which is situated in a busy town. It is also seen from the statements that the accused had asked the complainant to pay the amount of the dress she had taken earlier and then she retorted that she will not pay the amount.
7. Considering all the aspects, I find it unable to totally discard the submission made on behalf of the accused. Anyway, I am not entering into the merits of the case.
8. Considering all the aspects the following directions are issued:
B.A. No. 2321/2014 (A) -4- The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:
a. The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty 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 shall appear B.A. No. 2321/2014 (A) -5- before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional 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 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 will not directly or indirectly make any inducement, threat or 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.
B.A. No. 2321/2014 (A) -6- e. The petitioner shall not leave India without the prior permission of the learned Magistrate.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj