Kerala High Court
Jacob Thomas @ Pratheesh vs State Of Kerala on 6 January, 2015
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY,THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936
Bail Appl..No. 9128 of 2014 ()
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CRIME NO. 1061/2014 OF VENJARAMOODU POLICE STATION,
THIRUVANANDAPURAM DISTRICT
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PETITIONER/ACCUSED NO.4 :
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JACOB THOMAS @ PRATHEESH, AGED 35 YEARS,
S/O. K.C.THOMAS, KANDATHIL HOUSE, SOUTH PARAVOOR P.O.,
ERNAKULAM-682 320.
BY ADV. SRI.C.P.UDAYABHANU
RESPONDENT/COMPLAINANT :
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STATE OF KERALA
REPRESENTED BY THE S.I. OF POLICE,
VENJARAMOODU POLICE STATION,
(CRIME NO.1061/2014) REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
RBY PUBLIC PROSECUTOR SRI. SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
B.KEMAL PASHA, J.
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B.A. No.9128 OF 2014
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Dated this the 6th day of January, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2. Petitioner is the fourth accused in Crime No.1061/2014 of the Venjaramoodu Police Station, Thiruvananthapuram registered for the offences punishable under Sections 511 of 384 and 385, 306, 389 and 120B read with Section 34 of the Indian Penal Code.
3. One Raveendran Pillai committed suicide by hanging on 13.07.2014 and it is alleged that it is patently abetted by the petitioner and the other accused. It is alleged that the deceased was trapped by a sex racket in which the petitioner was also involved and the deceased had sexual contacts with two women of that racket, and the B.A.No. 9128 of 2014 -: 2 :- same was duly video-graphed. Projecting such video-graph the accused had attempted to extort huge amounts from the deceased and allegedly demanded three Crores of rupees from the deceased, which ultimately paved the way for his suicide. The petitioner has been in custody for the period from 05.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. Even though the petitioner has been in custody for the period from 05.11.2014 onwards, final report has not been filed so far. Matters being so, the petitioner is entitled to compulsive bail under Section 167(2) Cr.P.C.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- B.A.No. 9128 of 2014 -: 3 :-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 13.01.2015 for a period of six months.
(ii) The petitioner shall surrender his passport before the court below, and in case he has no passport, he shall file an affidavit to that effect before the court below.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge