Allowed

Nazer v. State of Kerala

Kerala HC14 Aug 2012Bail Appl./5575/2012

Case brief

AI extract

What is this about?

The Court granted bail to the petitioner, who was accused of rape. The bail was granted from the date of the order subject to strict conditions including execution of bond by sureties, appearance before the investigating officer on specific days, production of passport, not leaving the state, and not interfering with witnesses or tampering with evidence.

What did the court decide?

Bail granted with effect from 17.8.2012 subject to execution of bond with sureties, appearance before Investigating Officer, production of passport, and other conditions to prevent interference with i

Nazer Vs State of Kerala — Bail and Remand | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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TUESDAY, THE 14TH DAY OF AUGUST 2012/23RD SRAVANA 1934

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Bail Appl..No. 5575 of 2012 () -----------------------------CRMC.868/2012 of SESSIONS COURT,MANJERI CMP.2306/2012 of JUDL.MAG.OF FIRST CLASS-I,MANJERI CRIME NO.139/2012 OF KALIKAVU POLICE STATION, MALAPPURAM DIST.

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PETITIONER/ACCUSED :-

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NAZER,, AGED 28 YEARS S/O.AHAMMEDKUTTY, MADATHIL HOUSE, POOLAPPADAM KURUMBALANGODE, NILAMBUR, MALAPPURAM DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT/STATE :-

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31 THROUGH THE STATION HOUSE OFFICER KALIKAVU POLICE STATION, MALAPPURAM DISTRICT.

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BY PUBLIC PROSECUTOR SMT.JASMINE V.H.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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B.A. No.5575 of 2012

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N.K.BALAKRISHNAN, J.

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Dated this the 14^th day of August 2012

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O R D E R

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Petitioner is the accused in Crime No.139/2012 of Kalikavu Police Station, Malappuram District. The offences alleged against him are under Secs.376, 354 and 506(i) IPC. Petitioner has been in custody from 15.6.2012 onwards.

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It is alleged that the petitioner raped the de facto complainant putting her in fear of death.

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Considering the period of detention already undergone by the petitioner, petitioner is granted bail with effect from 17.8.2012 subject to the following conditions :-

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a. The accused 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 Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts

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B.A. No.5575 of 2012

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-: 2 :-

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produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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b. 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.

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c. 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.

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d. The accused will also file 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 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

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B.A. No.5575 of 2012

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any police officer or tamper with the evidence.

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e. The accused shall not leave the State of

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Kerala without permission of the court.

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

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N.K.BALAKRISHNAN, JUDGE.

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Jvt

Nazer v. State of Kerala

Case brief

What is this about?

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Nazer v. State of Kerala

Case brief

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