Allowed

Mohana Kurup v. Sub Inspector of Police

Kerala HC18 Mar 2013Bail Appl./2023/2013

Case brief

AI extract

What is this about?

This is a bail application order. The petitioner, accused under Section 376 IPC, sought release. The court rejected the claim of innocence but found continued custody unnecessary as no apprehension of absconding was expressed. Bail was granted on bond with conditions.

What did the court decide?

Petitioner released on bail executing a bond for Rs. 25,000 with two solvent sureties for the like sum each.

Mohana Kurup Vs Sub Inspector of Police — 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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MONDAY, THE 18TH DAY OF MARCH 2013/27TH PHALGUNA 1934

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Bail Appl..No. 2023 of 2013 ()

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CRIME NO. 15/2013 OF MEDICAL COLLEGE POLICE STATION , KOZHIKODE

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PETITIONER/ACCUSED :

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

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MOHANA KURUP, AGED 57 YEARS S/O.KUMARAN NAIR, ARAMAM HOUSE, PALADANKANDY PARAMBA NELLIKODE, KODAMOLIKKUNNU, KOZHIKODE.

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BY ADVS.SRI.T.G.RAJENDRAN SRI.T.R.TARIN

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RESPONDENTS/COMPLAINANT/STATE :

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

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1. SUB INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, KOZHIKODE.

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2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.BHAVADASAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 2023 OF 2013

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

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Dated this the 18^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.15 of 2013 of Medical College Police Station, Kozhikode who is alleged to have committed offence punishable under Sections 376 of IPC.

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The allegation against the petitioner is that on 04.01.2013, at about 5.00pm, when the victim was all alone in her house, the accused forced himself into the house and

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ravished her.

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The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. He would say that he has not committed any act which constitute an offence. At any rate, according to him, he has been in custody from 05.01.2013 onwards and his continued custody is unnecessary.

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B.A.No.2023/2013

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-2-

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

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The CD was made available for perusal. After having heard the learned counsel for the petitioner and learned Public Prosecutor and having perused the records, the claim of the petitioner that he is innocent cannot be accepted.

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The learned counsel for the petitioner highlighted that there was considerable delay in lodging the complaint and that shows the hollowness of the complaint.

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A probe into the veracity of the allegation is not warranted at this point of time. However, the petitioner has been in custody from 05.01.2013 onwards and a good part of the investigation must have been completed by now. Since no apprehension is expressed by the investigating agency, that if the petitioner is released on bail, he is likely

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B.A.No.2023/2013

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to abscond and his continued custody appears to be 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 concerned.

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ii) The petitioner shall appear before the Investigating Officer on every Thursday 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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B.A.No.2023/2013

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-4-

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

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P.BHAVADASAN, JUDGE

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Mohana Kurup v. Sub Inspector of Police

Case brief

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Mohana Kurup v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

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