Allowed

Gulam Rasul @ Abbas v. State of Kerala

Kerala HC6 Mar 2013Bail Appl./1359/2013

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to an accused in a rape case under IPC 376 and the SC/ST (Prevention of Atrocities) Act. Despite the petitioners claim of innocence, the Court held continued custody was unnecessary and imposed strict conditions including weekly appearances and surety verification.

What did the court decide?

Petitioner released on bail by executing a bond of Rs. 25,000 with two solvent sureties each, subject to strict conditions regarding appearance and non-tampering.

Gulam Rasul @ Abbas Vs State of Kerala — Bail and Remand | Kerala HC (2013)

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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 P.BHAVADASAN

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WEDNESDAY, THE 6TH DAY OF MARCH 2013/15TH PHALGUNA 1934

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Bail Appl..No. 1359 of 2013 (A)

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[CRIME NO. 49/2013 OF ADIMALY POLICE STATION , IDUKKI DISTRICT]

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ACCUSED:

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GULAM RASUL @ ABBAS, AGED 32 YEARS, S/O MUHAMMED, HOUSE NO.II/189, NEAR ST.MARY'S CHURCH, PUTHUNAGARAM PANCHYAYATH, THEKKUTHEVATTARAM BHAGAM, PUTHUNAGARAM KARA, PALAKKADU DISTRICT.

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BY ADVS.SRI.A.T.ANILKUMAR, SMT.V.SHYLAJA.

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, ADIMALY POLICE STATION, IDUKKI, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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BY PUBLIC PROSECUTOR SMT. R. REMA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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P.BHAVADASAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 1359 OF 2013

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- - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 06^th day of March, 2013

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O R D E R

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The petitioner is the accused in Crime No. 49 of 2013 of the Adimali Police Station who is alleged to have committed offences punishable under Section 376 of IPC and Section 3 (1)(viii) of the SC/ST (Prevention of Atrocities) Act (as now told by the learned Public Prosecutor).

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The allegation against the petitioner is that he along with the brother of the victim committed rape on her. The specific allegation against the petitioner is that he had induced the victim by promising to marry her and had sexual intercourse with her.

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The petitioner would point out that he is innocent and has been falsely implicated. At any rate, he has been in custody from 12.01.2013 and his continued custody is unnecessary.

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B.A.No.1359/2013

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-2-

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The learned Public Prosecutor very vehemently opposed the petition and pointed out that the offences are of very serious in nature and the investigation is still going on.

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After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that he is innocent cannot be accepted. There are materials against him. A deeper probe into the veracity of the allegation is not warranted at this point of time. The petitioner has been in custody from 12.01.2013 onwards and his continued custody is unnecessary.

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The petition is allowed as follows:

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i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM Court-I, Adimaly.

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B.A.No.1359/2013

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-3-

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ii) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 am and 10 am until further orders.

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iii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail.

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iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.

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v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM-I, Adimaly, on being satisfied of the said fact, may take such proceedings as are available to him in law.

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Sd/-

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P.BHAVADASAN, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

Gulam Rasul @ Abbas v. State of Kerala

Case brief

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Gulam Rasul @ Abbas v. State of Kerala

Case brief

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