X vs State Of Kerala on 21 May, 2021

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Kerala High Court

X vs State Of Kerala on 21 May, 2021

Bench: P.B.Suresh Kumar

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
    FRIDAY, THE 21ST DAY OF MAY 2021 / 31ST VAISAKHA, 1943
                  BAIL APPL. NO. 3819 OF 2021
    CRIME NO 241 OF 2021 OF CHERPU POLICE STATION, THRISSUR
PETITIONER/ACCUSED:

  VISHNU AGED 28 YEARS SON OF CHANDRAN, KOTTUVILA HOUSE,
1 URAKAM DESOM, URAKAM VILLAGE, THRISSUR
  DISTRICT,THRISSUR PIN-680562
   BY ADV N.L.BITTO


RESPONDENT:

     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
1
     COURT OF KERALA,ERNAKULAM PIN-682031
    BY ADV SANTHOSH PETER PUBLIC PROSECUTOR


       THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
21.05.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 Bail application No. 3819 of 2021

                                     2




                  Bail Application No.3819 of 2021
               -----------------------------------------------
                               ORDER

This is an application for regular bail under Section 439 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No. 241 of 2021 of Cherpu Police Station registered for the offences punishable under Sections 450, 342, 354A(1)(i) and 376 of Indian Penal Code. The accusation in the case is that on 15.04.2021, at about 11 am, the petitioner trespassed into the house of the de facto complaint, pushed her to the bed and raped her by inserting his finger into her vagina. The petitioner was arrested on 16.04.2021 and he is in custody since then.

3. Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

4. The learned Public Prosecutor opposed the application.

Bail application No. 3819 of 2021 3

5. The materials on record indicate prima facie that the petitioner was maintaining an intimate relationship with the de facto complainant.

In the circumstances, having regard to the fact that the petitioner is in custody since 16.04.2021, I am inclined to enlarge the petitioner on bail on the following terms:

(i) The petitioner shall execute a bond for a sum of ₹50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) The petitioner shall appear before the Investigating Officer after the lock down on all Saturdays between 9.00 a.m. and 10.00 a.m. for a period of two months or till final report is filed, whichever is earlier.

(iii) The petitioner shall not intimidate or attempt to influence the witnesses nor shall he tamper with the evidence.

(iv)The petitioner shall not commit any offence while on bail.

Bail application No. 3819 of 2021 4

(v) The petitioner shall not leave the country without the permission of the jurisdictional court.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

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