Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY,THE9H DAY OF SEPTEMBER201318TH BHADRA, 1935 Bail Appl..No. 5608 of 2013 () ------------------------------- CRIME NO. 1059/2013 OF TIRUR POLICE STATION , MALAPPURAM DISTRICT -------------------------------------------- PETITIONER/ ACCUSED (PRESENTLY UNDER CUSTODY): ------------------------------------------------------------------------------------- SALAM, AGED34YEARS, S/O MARAKKAR, KURIYANTEPURAKKAL HOUSE, VAKKAD P.O.,VETTOM, TIRUR, MALAPPURAM DISTRICT BY ADVS.SRI.C.V.MANUVILSAN SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT/COMPLAINANT : ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0909-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.BHAVADASAN, J.
--------------------------------------- Bail Application No.5608 OF2013--------------------------------------- Dated this the 9th day of September, 2013. ORDER
The petitioner is the sole accused in Crime No.1059/2013 of Tirur Police Station who is alleged to have committed the offences punishable under Sections 376 and 506(I) of Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. The allegation against the petitioner is that in the last week of December 2012, on a day at about 12.30 hours, while the victim who was aged only 17 years was drawing water from the well, he caught hold of her, took her inside the house and committed rape on her. It is further alleged that as a result of the act committed by the accused, the victim conceived.
2. The petitioner would point out that the allegations are totally false and are made with ulterior motive. It is also pointed out that he has not committed any act as alleged. He would say B.A. No.5608/2013 2 that the fact that the complaint has been laid after considerable delay shows the hollowness of the case put forward by the victim. At any rate, it is pointed out that the petitioner has been in custody from 31.07.2013 onwards and his continued custody is unnecessary.
3. Learned Public Prosecutor opposed the petition and pointed out that the offence is of grave nature and the investigation is going on.
4. After having heard the learned counsel for the petitioner, the learned Public Prosecutor and also after having perused the records, the claim of the petitioner that he is innocent cannot be countenanced as of now. A deeper probe into the veracity of the allegations is not warranted at this point of time. The fact remains that the petitioner has been in custody from 31.07.2013 onwards and a good part of the investigation must have been completed by now. Since no apprehension is expressed by the investigating agency that if the petitioner is released on bail, he is likely to abscond, his continued custody appears to be unnecessary. B.A. No.5608/2013 3 The application is allowed on the following conditions: i) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him. iii) The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders. iv) The petitioner shall surrender his passport before the Court concerned and if does not possess a valid passport, an affidavit to that effect shall be filed before the Court concerned. v) The petitioner shall not leave the State of Kerala without prior permission of the Court concerned. vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vii) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on B.A. No.5608/2013 4 being satisfied of the said fact, may take such steps as are available to it in law. Sd/- P.BHAVADASAN JUDGE smp