Aashish vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 29, 2020

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Citation: sooperkanoon.com/1832307
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Dec 29, 2020
Case Number: Bail Appl./8963/2020

Parties & Advocates

Appellant / Petitioner

Aashish

Respondent

State of Kerala

Excerpt

.....judicial custody.4. learned public prosecutor submits that thestatement of the victim under section 164 cr.p.c has been recorded and that the other accused, i.e, accused nos.1 and 2 have already been released on bail. in the circumstances and since the investigation of the case has progressed bail appl..no.8963 of 2020 3 considerably, continual detention of the petitioner does not seem necessary. therefore, he shall be released on bail.5. in the result, the bail application stands allowed. the petitioner shall be released on bail on the following conditions:-(i) the petitioner shall execute a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court;(ii) the petitioner shall not cause any promise, intimidation or threat to the witnesses or try to influence the witnesses;(iii) he shall not enter the limits of chadayamangalam police station until further orders;(iv) petitioner shall not leave india without permission of the jurisdictional court;(v) he shall appear before the investigating officer as and when required;(vi) the petitioner shall strictly abide the variousguidelines issued by the state government and the centralgovernment with respect to keeping of social distancing in bail appl..no.8963 of 2020 4 the wake of covid 19 pandemic.(vii) if any of the above conditions are violated by the petitioner, the committal/trial court, as the case may be, can cancel the bail in accordance with law. sd/- k.haripal ajt judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 Bail Appl..No.8963 OF 2020 CRIME NO.1805/2020 OF Kadakkal Police Station , Kollam PETITIONER/3RD ACCUSED: AASHISH, AGED 24 YEARS, S/O. PHILIP ASHISH VILLA, KATTADI, POOYAPPALLY, KOLLAM BY ADV. SRI.GOKUL D. SUDHAKARAN RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -682031 2 THE INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION CHADAYAMANGALAM, KOLLAM , PIN -691534 R1 BY PUBLIC PROSECUTOR

ADV. C N PRABHAKARAN, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.8963 OF 2020 2

ORDER

Dated this the 29th day of December 2020 This is an application filed under Section 439 of the Code of Criminal Procedure, seeking bail for the third accused in Crime No.1805/2020 of Chadayamangalam police station, registered alleging offence punishable under Section 363, 366, 376, 506 IPC and Section 3(a) read with 4 of the POCSO Act.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. Learned counsel for the petitioner submits that

the crime was registered after eight months of the date of occurrence. Originally, the name of the petitioner was not in the array of the accused. Later, his name was also incorporated and he was arrested on 22.11.2020 and for the last 39 days, is in judicial custody.

4. Learned Public Prosecutor submits that the

statement of the victim under Section 164 Cr.P.C has been recorded and that the other accused, i.e, accused Nos.1 and 2 have already been released on bail. In the circumstances and since the investigation of the case has progressed Bail Appl..No.8963 OF 2020 3 considerably, continual detention of the petitioner does not seem necessary. Therefore, he shall be released on bail.

5. In the result, the bail application stands allowed. The petitioner shall be released on bail on the following conditions:-

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court;

(ii) The petitioner shall not cause any promise, intimidation or threat to the witnesses or try to influence the witnesses;

(iii) He shall not enter the limits of Chadayamangalam police station until further orders;

(iv) Petitioner shall not leave India without permission of the jurisdictional Court;

(v) He shall appear before the investigating officer as and when required;

(vi) The petitioner shall strictly abide the various

guidelines issued by the State Government and the Central

Government with respect to keeping of social distancing in Bail Appl..No.8963 OF 2020 4 the wake of Covid 19 pandemic.

(vii) If any of the above conditions are violated by the petitioner, the committal/trial Court, as the case may be, can cancel the bail in accordance with law. Sd/- K.HARIPAL ajt JUDGE

Same Court & Year Kerala · 2020 Same Parties Aashish vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal