Jagajith Vs. State of Kerala

Jagajith vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 31, 2014

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https://sooperkanoon.com/case/1136884

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Citation: sooperkanoon.com/1136884
Court: Kerala High Court
Judge: Honourable Mr.Justice N.K.Balakrishnan
Decided On: Mar 31, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Jagajith

Respondent

State of Kerala

Excerpt

.....when applied for bail by the accused, the learned magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions: b.a. no. 2141/2014 (c) -3- a. the petitioners shall execute a bond for rs.25,000/- (rupees twenty five thousand only) each 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 petitioners shall make themselves available for interrogation by the investigating officer and shall appear before the investigating officer on all alternate wednesdays between 9.30 am to 11.30 am until further orders. c. the petitioners shall surrender their original passports before the learned b.a. no. 2141/2014 (c) -4- jurisdictional magistrate. if they are not having any valid passport, they should file an affidavit regarding the same before the magistrate. d. the petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they 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 petitioners shall not leave india without the prior permission of the learned magistrate. b.a. no. 2141/2014 (c) -5- 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

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY,THE31T DAY OF MARCH201410TH CHAITHRA, 1936 Bail Appl..No. 2141 of 2014 (C) ------------------------------- CRIME NO. 352/2014 OF NEMOM POLICE STATION , THIRUVANANTHAPURAM ACCUSED(S)/ACCUSED: ------------------------------------ 1. JAGAJITH, AGED27YEARS S/O.LATE JAYADARAN NAIR, GEETHA BHAVAN, MITRAMKONAM VALIYARA, KUTHIRAKULAM.P.O, VELLANAD THIRUVANANTHAPURAM.

2. JAGADEESH, AGED31YEARS S/O.LATE JAYADARAN NAIR, GEETHA BHAVAN, MITRAMKONAM VALIYARA, KUTHIRAKULAM.P.O, VELLANAD THIRUVANANTHAPURAM.

3. JAGADEEPA, AGED28YEARS, D/O. LATE JAYADARAN NAIR, GEETHA BHAVAN, MITRAMKONAM VALIYARA, KUTHIRAKULAM.P.O, VELLANAD THIRUVANANTHAPURAM.

4. GEETHA, AGED52YEARS W/O.LATE JAYADARAN NAIR, GEETHA BHAVAN, MITRAKONAM VALIYARA, KUTHIRAKULAM.P.O, VELLANAD THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY COMPLAINANT(S)/COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3103-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.

------------------------------------------ B.A. No. 2141 of 2014 (C) ------------------------------------------ Dated this the 31st day of March, 2014 ORDER

Petitioners are accused nos.1 to 4 in Crime No.352/2014 of Nemom Police Station, Thiruvananthapuram District. Offences alleged are under sections 376 and 312 r/w 34 of IPC and Section 3(x) of SC/ST (Prevention of Atrocities) Act. Apprehending arrest, this petition is filed for anticipatory bail.

2. The allegation is that on 15.11.2011 and 29.12.2013 the 1st petitioner (A1) had sexual intercourse with the complainant promising that he would marry her. She became pregnant. The 1st accused refused to marry her. Her pregnancy was got aborted by A1 with the help of other accused persons.

3. The learned counsel for the petitioners submits that as against petitioners 2 to 4, even if the entire B.A. No. 2141/2014 (C) -2- statement is accepted, the only allegation is that they assisted in causing abortion and that is a bailable offence. It cannot be said that the alleged assistance given for causing abortion was done on the ground that the complainant is a member of Scheduled Caste/Scheduled Tribe, it is contended.

4. Considering the gravity of the offence, I am not inclined to grant bail to the 1st petitioner. His application is rejected. Petitioners 2 to 4 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 petitioners but on the following conditions: B.A. No. 2141/2014 (C) -3- a. The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each 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 petitioners shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all alternate Wednesdays between 9.30 AM to 11.30 AM until further orders. c. The petitioners shall surrender their original passports before the learned B.A. No. 2141/2014 (C) -4- jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they 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 petitioners shall not leave India without the prior permission of the learned Magistrate. B.A. No. 2141/2014 (C) -5- 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

Same Court & Year Kerala · 2014 Same Parties Jagajith vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice N.K.Balakrishnan