Allowed

Vahid v. the State of Kerala

Kerala HC13 May 2011Bail Appl./3502/2011

Case brief

AI extract

What is this about?

High Court of Kerala allowed a bail application filed by an accused in Crime No.111/2011. The petitioner was detained since 04.04.2011. The court granted bail effective 24.05.2011 subject to strict conditions regarding bonds, appearance, abode, and passport.

What did the court decide?

Accused granted bail with effect from 24.05.2011 subject to execution of bond with sureties, appearance before IO, and other conditions.

Vahid Vs the State of Kerala — Anticipatory Bail | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

¶4

FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933

¶5

Bail Appl..No. 3502 of 2011

¶6

----------------------------CRIME NO.111/2011 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT.

¶7

PETITIONER/ACCUSED:

¶8

¶9

VAHID, S/O.ABDUL RAHIMAN, SANTHIPURATH HOUSE, KUPPUTH, VILAYUR, PATTAMBI, PALAKKAD DISTRICT.

¶10

BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH

¶11

RESPONDENT/ STATE:

¶12

¶13

THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PATTAMBI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31.

¶14

BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA

¶15

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

N.K. BALAKRISHNAN, J.

¶17

¶18

B.A. No. 3502 OF 2011

¶19

- - - - Dated this the 13^th day of May,2011

¶20

O R D E R

¶21

Petitioner is the accused in Crime No.111/2011 of Pattambi Police Station, Palakkad Distict. It was registered under Sections 313, 376 and 506(ii) IPC. His bail application was dismissed by the trial Court.

¶22

The material allegation is that the accused raped the

¶23

defacto complainant and she was impregnated by him. The

¶24

further allegation is that, the petitioner compelled her to abort the child and again she was raped by the him on several times. The petitioner has been in detention from 04.04.2011.

¶25

Petitioner seeks regular bail.

¶26

I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records.

¶27

Since 04.04.2011 the petitioner has been in judicial

¶28

custody, considering the period of detention already undergone by the accused and in view of the submission made on behalf of

¶29

B.A. No. 3502 of 2011

¶30

-:2:-

¶31

the accused that he will abide any condition that may be imposed on him. The accused is granted bail with effect from 2405.2011, subject to the following conditions:

¶32

i. The accused shall execute a bond for `75,000/(Rupees seventy five thousand only)- with two solvent sureties for the like sum to the satisfaction of the JFCM, Pattambi. 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.

¶33

ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

¶34

iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

¶35

iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above

¶36

B.A. No. 3502 of 2011

¶37

-:3:-

¶38

and that he will not commit any offence similar to the offence involved in this case and that he shall 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.

¶39

v. The accused and the sureties shall not leave the jurisdiction of the JFCM Court, Pattambi without the prior permission of the learned Magistrate.

¶40

vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc.

¶41

vii. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate.

¶42

N.K. BALAKRISHNAN, JUDGE

¶43

ttb

Vahid v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Vahid v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hamza K .P Vs State of Kerala

Sajeev Vs State of Kerala

Sadik Vs State of Kerala

Asura Beevi &Another Vs State of Kerala

Najima Beevi Vs State of Kerala

Umeshan Vs State