The court granted bail to the petitioner, an accused in a rape and molestation case under IPC and SC/ST Act, effective from June 13, 2011, subject to strict conditions and a bond.
Petitioner released on bail w.e.f 13.06.2011 upon executing bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 Bail Appl..No. 3736 of 2011() ----------------------------CMP.1688/2011 of J.M.F.C.-I,KOYILANDY .................... CRIME NO.335/2011 OF KOYILANDY POLICE STATION
PETITIONER:
P.RATHEESH, AGED 27 YEARS, S/O.NARAYANAN NAIR, PONMALERI HOUSE, P.O.CHEIYA. CHENGOTTUKAVU, KOYILANDY.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S):
PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
- - - - - - - - - - - - - - - - - Bail Application No.3736 of 2011
- - - - - - - - - - - - - - - - DATE: 06.06.2011
O R D E R
In this Petition filed under Sec. 439 Cr.P.C., the petitioner, who is accused No.1 in Crime No.335/2011 of Koyilandi Police Station for offences punishable under Secs.376 and 354 IPC and Sections 3(1)(xi) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks his enlargement on bail. The petitioner was arrested on 15.04.2011.
B.A. No. 3736/2011
2
following conditions:
1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays until the final report is filed.
2. Except for the purpose of complying with Condition No.1, the petitioner shall not enter the limits of Koyilandi Police Station until further orders to be passed by the court concerned.
3. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police or to any other person in authority.
4. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report.
5. The petitioner shall not establish any contact with any of the witnesses or accused in the case.
6. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution.
7. The petitioner shall not commit any offence while on bail.
8. The petitioner shall notify to the Court his place of residence before executing the bail bond.
If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
Dated this the 6th day of June, 2011.
V.RAMKUMAR, JUDGE.
sj
2 issues framed by the court
Whether bail should be granted to the accused under Sec. 439 Cr.P.C. despite serious offences under IPC and SCSST Act.
Whether bail grant should be deferred from a future date considering the nature of offences and stage of investigation.
3 provisions across 3 enactments
P. Ratheesh
Deputy Superintendent of Police, Thamarassery
State of Kerala
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
