Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN THURSDAY, THE5H DAY OF JUNE201415TH JYAISHTA, 1936 Bail Appl..No. 3909 of 2014 () ------------------------------- CRMP26992014 of J.M.F.C.-I, KOLLAM CRIME NO.926/2014 OF KUNDARA POLICE STATION, KOLLAM ------------- PETITIONER(S)/ACCUSED :- -------------------------- HARISH, AGED30YEARS S/O.RAVEENDRAN, CHARUVILAPUTHENVEETTIL, KANJAVELI THEKKEMURI, THRIKKARUVA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S)/COMPLAINANT :- ------------------------------- STATE REPRESENTED BY THE STATION HOUSE OFFICER KUNDARA POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0506-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.
-------------------------------- B.A. No.3909 of 2014 ------------------------------- Dated this the 5th day of June 2014 ORDER
Petitioner is the accused in Crime No.926/2014 of Kundara Police Station, Kollam District. The offences alleged against him are punishable under Secs.452, 506(ii) and 376 of IPC. The victim is a married woman aged 44 years. His son is stated to be employed abroad. The accused is stated to be aged only 30 years.
2. It is alleged that the accused at first trespassed into the bathroom of the de facto complainant while she was taking bath. On that day he was warned. Later, again he trespassed into her house another day and by putting her in fear of exposing her nude videos in the Internet, he had sexual intercourse with her. Further threatening by showing a beer bottle, it is stated that, the accused had sexual intercourse with her again. B.A. No.3909 of 2014 -:
2. :- 3. Learned counsel for the petitioner submits that on perusal of the statement itself would show that there is incredible in it.
4. Petitioner has been in custody from 5.5.2014.
5. Considering all the aspects, the petitioner is granted bail subject to the following conditions: a. The accused shall execute a bond for 50,000/- (Rupees Fifty 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 B.A. No.3909 of 2014 -:
3. :- any valid passport, he should file an affidavit regarding the same before the Magistrate. 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 accused shall not leave India without permission of the court. 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 Jvt