Rajesh Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1133724
CourtKerala High Court
Decided OnMar-14-2014
JudgeHONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
AppellantRajesh
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice n.k.balakrishnan friday, the14h day of march201423rd phalguna, 1935 bail appl..no. 1777 of 2014 () ------------------------------- crime no.92/2014 of karimannoor police station, idukki --------------- petitionersaccused :- ----------------------- 1. rajesh, aged23years, s/o.surendran, kunnil house, neyyassery kara, neyyassery village, thodupuzha taluk, idukki district.2. neelesh aged34years s/o.krishnan, chittadichalil house neyyassery kavala bhagom, kodikkulam kara kodikkulam village, thodupuzha, idukki district. by adv. sri.a.c.devasia respondents/state :- --------------------- state of kerala through sub inspector of police karimannoor police station represented by public prosecutor high court of kerala, ernakulam-682031. by public prosecutor sri.dhanesh mathew manjooran this bail application having come up for admission on1403-2014, the court on the same day passed the following: jvt n.k.balakrishnan, j.-------------------------------- b.a. no.1777 of 2014 ------------------------------- dated this the 14th day of march 2014 order petitioners are the accused in crime no.92/2014 of karimannor police station, idukki district. the offences alleged against them are punishable under secs.341, 323 and 354 r/w 34 of ipc. apprehending arrest, this petition is filed for anticipatory bail.2. it is alleged that on 20.2.2014 at about 5.45 pm, the petitioners, in furtherance of their common intention, attacked the complainant and outraged her modesty.3. learned counsel for the petitioners submits that the son of the de facto complainant attacked the 2nd petitioner in respect of which, crime no.93/2014 was registered against the son of the de facto complainant for offences punishable under secs.341 323 and 427 r/w 34 of ipc.4. considering all the aspects the following b.a. no.1777 of 2014 -:2. :- directions are issued: the petitioners shall surrender before the investigating officer within 10 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 grant bail to the petitioners but on the following conditions: a. the accused shall execute a bond for 10,000/- (rupees ten 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 accused shall make themselves available for interrogation by the investigating officer and should appear before the investigating officer on all mondays between 9.30 am to 11.30 am until further orders. c. the accused shall produce their original passports b.a. no.1777 of 2014 -:3. :- before the learned jurisdictional magistrate. if they are not having any valid passport, they should file an affidavit regarding the same before the magistrate. d. the accused will also file 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 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
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE14H DAY OF MARCH201423RD PHALGUNA, 1935 Bail Appl..No. 1777 of 2014 () ------------------------------- CRIME NO.92/2014 OF KARIMANNOOR POLICE STATION, IDUKKI --------------- PETITIONERSACCUSED :- ----------------------- 1. RAJESH, AGED23YEARS, S/O.SURENDRAN, KUNNIL HOUSE, NEYYASSERY KARA, NEYYASSERY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

2. NEELESH AGED34YEARS S/O.KRISHNAN, CHITTADICHALIL HOUSE NEYYASSERY KAVALA BHAGOM, KODIKKULAM KARA KODIKKULAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS/STATE :- --------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE KARIMANNOOR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1403-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.

-------------------------------- B.A. No.1777 of 2014 ------------------------------- Dated this the 14th day of March 2014 ORDER

Petitioners are the accused in Crime No.92/2014 of Karimannor Police Station, Idukki District. The offences alleged against them are punishable under Secs.341, 323 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

2. It is alleged that on 20.2.2014 at about 5.45 PM, the petitioners, in furtherance of their common intention, attacked the complainant and outraged her modesty.

3. Learned counsel for the petitioners submits that the son of the de facto complainant attacked the 2nd petitioner in respect of which, Crime No.93/2014 was registered against the son of the de facto complainant for offences punishable under Secs.341 323 and 427 r/w 34 of IPC.

4. Considering all the aspects the following B.A. No.1777 of 2014 -:

2. :- directions are issued: The petitioners shall surrender before the Investigating Officer within 10 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 grant bail to the petitioners but on the following conditions: a. The accused shall execute a bond for 10,000/- (Rupees Ten 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 accused shall make themselves available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce their original passports B.A. No.1777 of 2014 -:

3. :- before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The accused will also file 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 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