Yesudas @ Binoy Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN THURSDAY, THE22D DAY OF MAY20141ST JYAISHTA, 1936 Bail Appl..No. 3273 of 2014 () ------------------------------- AGAINST THE ORDER

IN CRL.M.P. NO.1394/2014 OF THE ADDL.DISTRICT & SESSIONS JUDGE-I, ALAPPUZHA DATED2204-2014 CRIME NO. 141/2014 OF AROOR POLICE STATION, ALAPPUZHA PETITIONER(S): -------------- YESUDAS @ BINOY, AGED41YEARS S/O. ISSAC, KARUMANCHERI, EZHUPUNNA SOUTH P.O. CHERTHALA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.JOHN JUDE ISSAC RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31 2. SUB INSPECTOR OF POLICE AROOR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-6855591 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2205-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA/- N.K. BALAKRISHNAN, J.

------------------------------------------ B.A. No. 3273 of 2014 ------------------------------------------ Dated this the 22nd day of May, 2014 ORDER

The petitioner is the accused in Crime No.141/2014 of Aroor Police Station, Alappuzha District. Offences alleged are under sections 366 and 376(l) of IPC, Section 3 of Prevention of Children from Sexual Offices Act, Section 23 of Juvenile Justice Act, Section 3(1)(xi) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act and Section 57 of Kerala Police Act.

2. The petitioner has been in custody since 20.02.2014.

3. It is alleged that the accused kidnaped the minor girl aged 17 years on 18.02.2014 and had sexual intercourse with her against her will. The victim belongs to scheduled caste, it is submitted. B.A. No. 3273/2014 -2- 4. Considering the period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail subject to 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 sum to the satisfaction of the learned Sessions Judge/Special Judge. If in case the Sessions Judge/Special Judge has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Sessions Judge/Special Judge can insist for production of the attested photo copies of the original title deeds of the sureties. (ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear B.A. No. 3273/2014 -3- before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. (iii) The petitioner shall surrender his original passport before the learned Sessions Judge/Special Judge. If he is not having any valid passport, he should file an affidavit regarding the same before the Sessions Judge/Special Judge. (iv) 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 evidence. B.A. No. 3273/2014 -4- (v) The petitioner shall not leave India without the prior permission of the learned Sessions Judge/Special Judge. (vi) The learned Sessions Judge/Special Judge will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj