Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY,THE4H DAY OF APRIL201414TH CHAITHRA, 1936 Bail Appl..No. 2401 of 2014 (A) ------------------------------- AGAINST THE ORDER
IN CRMP5992014 of SESSIONS COURT, PALAKKAD DATED1003-2014 CRIME NO. 72/2014 OF NATTUKAL POLICE STATION , PALAKKAD PETITIONER(S)/PETITIONER/ACCUSED: ---------------------------------------------------------------- RAJAN AGED42YEARS S/O. RAMANKUTTY, VANDUTHODI HOUSE, CHETHALLOOR P.O. MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.C.M.KAMMAPPU RESPONDENT(S)/RESPONDENT/COMPLAINANT: -------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.DHANEH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0404-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2401 of 2014 (A) ------------------------------------------ Dated this the 4th day of April, 2014 ORDER
The petitioner is one of the accused in Crime No.72/2014 of Nattukal Police Station, Palakkad District. Offences alleged are under sections 452, 323, 324, 294(b) and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that this petitioner along with other accused trespassed into the house of the complainant on 02.02.2014 at 6.45 pm and abused them using obscene words and also attacked the complainant and out raged her modesty.
3. The learned counsel for the petitioner submits that there had been serious complaints against the complainant and her son stating that they are causing annoyance to the neighbours by intruding upon the privacy of such persons. B.A. No. 2401/2014 (A) -2- It is also stated that crime was registered against the husband and son of the defacto complainant as Crime No.74/2014 alleging offences under sections 447, 323, 354 and 506(i) r/w 34 of IPC.
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 B.A. No. 2401/2014 (A) -3- 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 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 B.A. No. 2401/2014 (A) -4- 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