Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE24H DAY OF FEBRUARY20145TH PHALGUNA, 1935 Bail Appl..No. 1272 of 2014 (D) ------------------------------- CRIME NO. 161/2014 OF POOJAPPURA POLICE STATION , THIRUVANANDAPURAM ACCUSED(S)/PETITIONER: ------------------------------------------ DEEPU K AGED33YEARS S/O.K R KRISHNAN NAIR, DEEPU VIHAR, KALLELI BHAGOM P O KARUNAGAPPALLY , KOLLAM DIST BY ADV. SRI.SAJU.S.A COMPLAINANT(S)/RESPONDENTS: ------------------------------------------------------ STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN-682031 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2402-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 1272 of 2014 (D) ------------------------------------------ Dated this the 24th day of February, 2014 ORDER
The petitioner is the accused in Crime No.161/2014 of Poojappura Police Station. Offences alleged are under sections 354, 354A and 341 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The petitioner is working as a Technician in Rajeev Gandhi Centre for Bio-technology. The complainant is also working there as lab technician. According to the complainant the incident first took place on 27.01.2014. On that day the accused was stated to have stared at her. It is further stated that on another day he made some unnecessary comments affecting her reputation and also wrongfully restrained her by catching hold of her hand.
3. The learned counsel for the petitioner submits that, in fact, the accused had sent a complaint on B.A. No.1272/2014 (D) -2- 31.01.2014 at 3.33 pm to the Director of Rajeev Gandhi Centre for Bio-technology about the misuse of the employees inside Rajeev Gandhi Centre for Bio-technology by Dr. Radhakrishnan. He wanted a press meeting to be held with regard to the same and so at the instance of Dr.Radhakrishnan, this complaint has been filed. I am not entering into all those aspects.
4. Considering all the aspects the following directions are issued: 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.10,000/- (Rupees Ten thousand only) with two solvent sureties each for B.A. No.1272/2014 (D) -3- 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. 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 B.A. No.1272/2014 (D) -4- 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. 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