Allowed

Unnikrishnan v. State of Kerala

Kerala HC13 Mar 2014Bail Appl./1220/2014

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to a petitioner accused of trespass and molestation, conditioning his release on surrender within ten days, execution of a bond with sureties, periodic availability for interrogation, and adherence to conditions preventing induced evidence tampering or leaving India without permission.

What did the court decide?

Petitioner to surrender within ten days; execute bond Rs.20,000 with two sureties; appear for interrogation; surrender passport; file affidavit; not leave India without permission.

Unnikrishnan 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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THURSDAY, THE 13TH DAY OF MARCH 2014/22ND PHALGUNA, 1935

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Bail Appl..No. 1220 of 2014 (B)

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[CRIME NO.2013/ 13 OF PARIPPALLY POLICE STATION , KOLLAM]

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PETITIONER/ACCUSED:

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UNNIKRISHNAN, AGED 29 YEARS, MANIKADAN VILASOM, AYIPURAM, PARIPPALLY, KOLLAM.

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BY ADV. SRI.M.R.SASITH PANICKER.

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RESPONDENTS:

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

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2. THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM.

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BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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N.K. BALAKRISHNAN, J.

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B.A. No. 1220 of 2014

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Dated this the 13^th day of March, 2014

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O R D E R

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The petitioner is the accused in Crime No.2013/2013 of Parippally Police Station, Kollam District. Offences alleged are under sections 452 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that the petitioner trespassed into the

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house of the defacto complainant at about 10.45 pm and concealed himself beneath the cot. When the complainant felt movement beneath the cot, she put on light and thus the accused was seen. She made hue and cry. The neighbours reached there and found the petitioner.

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The learned counsel for the petitioner submits that

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the complainant is not a woman of good reputation. Her husband is abroad. She used to invite others during night.

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B.A. No.1220/2014

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Recently a complaint was given by her own mother stating that complainant is missing and that one of the neighbours by name Rahim is also missing. It is suspected that she has eloped with that Rahim.

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Considering all the aspects the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:

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a. The petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty 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

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B.A. No.1220/2014

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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 petitioner 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 petitioner shall surrender his original passport before the learned jurisdictional 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 petitioner will also file an 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

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B.A. No.1220/2014

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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 any police officer or tamper with the evidence.

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e. The petitioner shall not leave India without the prior permission of the learned Magistrate.

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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/-

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N.K. BALAKRISHNAN, JUDGE

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jjj

Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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