Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN THURSDAY, THE3D DAY OF APRIL201413TH CHAITHRA, 1936 Bail Appl..No. 2218 of 2014 (B) ------------------------------- CRIME NO. 464/2014 OF KOTTIYAM POLICE STATION , KOLLAM PETITIONER(S)/PETITIONER: ------------------------------------------------ HASHIR.T., AGED18YEARS S/O.THAHAKUTTY, MADATHILTHEKKATHIL, AYIRAMTHENGU KOOTTIKADA.P.O, KOLLAM. BY ADVS.SRI.SANTHOSH PETER (MAMALAYIL) SRI.P.N.ANOOP RESPONDENT(S)/RESPONDENT: -------------------------------------------------- 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 ON0304-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2218 of 2014 (B) ------------------------------------------ Dated this the 3rd day of April, 2014 ORDER
The petitioner is the 2nd accused in Crime No.464/2014 of Kottiyam Police Station, Kollam District. Offences alleged are under sections 294(b), 323 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that this petitioner and another accused threatened the complainant, used obscene words and also pressed her neck and outraged her modesty stating that she would be killed if she does not agree to marry the 1st accused.
3. The allegations are not true, the learned counsel for the petitioner submits. This petitioner has been arrayed as accused only because he is a friend of the 1st accused, it is submitted. B.A. No. 2218/2014 (B) -2- 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.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.A. No. 2218/2014 (B) -3- b. The petitioner 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 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 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 B.A. No. 2218/2014 (B) -4- 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