Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE21T DAY OF MARCH201430TH PHALGUNA, 1935 Bail Appl..No. 1959 of 2014 () ------------------------------- CMP2922014 of J.M.F.C., SASTHAMCOTTA CRIME NO. 193/2014 OF SASTHAMCOTTA POLICE STATION, KOLLAM ------------- PETITIONER/ACCUSED :- ---------------------- HARISH, AGED25YEARS, S/O.OMANAKUTTAN PILLAI, VALIYAVEETTIL PADEETTATHIL NEAR MEVANETH MUKKU, MUTHUPILAKAD PADINJARU MURI SASTHAMCOTTA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.N.P.PRAJEESH RESPONDENT/COMPLAINANT :- --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2103-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.
-------------------------------- B.A. No.1959 of 2014 ------------------------------- Dated this the 21st day of March 2014 ORDER
Petitioner is the accused in Crime No.193/2014 of Sasthamcotta Police Station. The offences alleged against him are punishable under Secs.376, 313, 315 and 420 of IPC. The petitioner has been in custody from 6.2.2014.
2. The de facto complainant was earlier married to one Santhosh Kumar and in that relationship, she had two children. The complainant and the said Santhosh Kumar were living separately for quite a long time. Thereafter the petitioner and the complainant were in love and promising that he will marry the complainant, the accused had sexual intercourse with her several times. She became pregnant. The accused got it aborted.
3. Learned counsel for the petitioner submits that actually the accused is willing to marry the complainant.
4. The complainant has appeared in court. Learned B.A. No.1959 of 2014 -:
2. :- Public Prosecutor has interacted with the complainant. It is stated that the accused will marry her immediately after he is released on bail.
5. Considering all the aspects, the petitioner is granted bail subject to the following conditions: a. The petitioner shall execute a bond for 25,000/- (Rupees Twenty Five 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 accused shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. B.A. No.1959 of 2014 -:
3. :- d. The accused will also file 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. e. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. The passport will be produced and/or the affidavit mentioned earlier shall be filed within 10 days from the date of release from jail. Sd/- N.K.BALAKRISHNAN, JUDGE. //True Copy// P.A. To Judge Jvt