Allowed

Arun @ Sathyan v. State of Kerala

Kerala HC19 Feb 2014Bail Appl./1145/2014

Case brief

AI extract

What is this about?

In a bail application under Section 376 IPC, the petitioner had undergone detention for 19 days. The court dismissed the objection to merits and granted bail subject to specific conditions regarding sureties, appearance, and conduct.

What did the court decide?

Petitioner granted bail subject to conditions including a bond with sureties, availability for interrogation, and restrictions on leaving Kerala.

Arun @ Sathyan Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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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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WEDNESDAY, THE 19TH DAY OF FEBRUARY 2014/30TH MAGHA, 1935

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Bail Appl..No. 1145 of 2014 () ------------------------------CRMP 99/2014 of J.M.F.C., ADOOR CRIME NO.698/2013 OF PANDALAM POLICE STATION, PATHANAMTITTA

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PETITIONER/ACCUSED :-

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ARUN @ SATHYAN, AGED 27 YEARS MURUPPEL PADINJATTETHIL HOUSE, KOIRMALA PADUKOTTUKKAL MURI, PANDALAM THEKKEKARA VILLAGE PANDALAM.

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BY ADV. SRI.K.SHAJ

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RESPONDENT/STATE :-

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1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.

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2. SUB INSPECTOR OF POLICE PANDALAM POLICE STATION, PANDALAM PATHANAMTHITTA-689 645.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.1145 of 2014

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Dated this the 19^th day of February 2014

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O R D E R

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Petitioner is the accused in Crime No.698/2013 of Pandalam Police Station. The offence alleged against him is punishable under Sec.376 of IPC. Petitioner has been in custody from 28.12.2013.

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It is alleged that the accused promised the complainant that he will marry her and thus, making such a promise, he had sexual intercourse with her and later she gave birth to a child.

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Learned counsel for the petitioner submits that the allegations are false and at any rate, it cannot attract the offence under Sec.376 IPC. I am not entering into the merits of the case.

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Considering the period of detention already undergone by the petitioner, the petitioner is granted bail subject to the following conditions:

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B.A. No.1145 of 2014

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-: 2 :-

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a. The accused shall execute a bond for Rs.25,000/(Rupees Twenty Five 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 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 shall appear before the Investigating Officer on all Mondays 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 will 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

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B.A. No.1145 of 2014

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-: 3 :-

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disclosing such facts to the court or to any police officer or tamper with the evidence.

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e. The accused shall not leave the State of 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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Sd/N.K.BALAKRISHNAN,

JUDGE.

//True Copy//

P.A. To Judge

Jvt

Arun @ Sathyan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arun @ Sathyan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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