Allowed

C.P.Navas v. the S.I of Police

Kerala HC19 Mar 2014Bail Appl./1455/2014

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the petitioner, accused of gang rape under Section 376D IPC, releasing him effective 24.03.2014 after he underwent detention. Bail was granted subject to executing a bond with sureties, appearing before the investigating officer on specific days, surrendering passport, and adhering to conditions preventing tampering with evidence or witnesses.

What did the court decide?

The petitioner is granted bail with effect from 24.03.2014 subject to conditions including execution of a bond with sureties, regular appearance for interrogation, surrender of passport, and non-inter

C.P.Navas Vs the S.I of Police — Cheating and Forgery | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

¶4

WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935

¶5

Bail Appl..No. 1455 of 2014 (B)

¶6

AGAINST THE ORDER IN CRMC 152/2014 of SESSIONS COURT,THALASSERY DATED 12-02-2014 CRIME NO. 44/2014 OF EDAKKAD POLICE STATION , KANNUR

¶7

ACCUSED(S)/PETITIONER:

¶8

C.P.NAVAS AGED 34 YEARS S/O.ASEES, R/A.SHABEENA MANZIL, NEAR SAFA CENTRE EDAKKAD AMSOM

¶9

BY ADV. SRI.SUNNY MATHEW

¶10

COMPLAINANT(S)/RESPONDENTS:

¶11

1. THE S.I OF POLICE EDAKKAD POLICE STATION, KANNUR DIST

¶12

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

¶13

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

JJJ

¶16

N.K. BALAKRISHNAN, J.

¶17

B.A. No. 1455 of 2014 (B)

¶18

Dated this the 19^th day of March, 2014

¶19

O R D E R

¶20

The petitioner is the 2^nd accused in Crime No.44/2014 of Edakkad Police Station, Kannur District. The offence alleged is under section 376D of IPC. The petitioner has been in custody since 14.01.2014.

¶21

It is alleged that on 5.01.2014 at 3.15 pm the

¶22

defacto complainant (victim) was in search of a rented house for her accommodation with her children. She was taken in an autorickshaw by the petitioner and other accused saying that they would arrange a rented house for them and took her to an uninhabited house at the back side of an Anganavadi near Edakkad. The victim's daughter, who was with her, was locked in a room and thereafter the petitioner and other accused gang raped the complainant.

¶23

B.A. No.1455/2014 (B)

¶24

-2-

¶25

The learned Public Prosecutor has strongly

¶26

opposed the petition. It is a heinous act, if the allegations are true. The contention that she used to travel quite often along with the accused cannot be accepted at all. But the difficulty is that the investigating agency has not completed the investigation so as to file charge sheet within a period of 90 days.

¶27

Considering the period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail with effect from 24.03.2014 subject to the following conditions:

¶28

(i) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two lakhs 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

¶29

B.A. No.1455/2014 (B)

¶30

-3-

¶31

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.

¶32

(ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays, Wednesdays, Fridays and Saturdays between 9.30 AM to 11.30 AM until further orders.

¶33

(iii) The petitioner shall surrender 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.

¶34

(iv) 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

¶35

B.A. No.1455/2014 (B)

¶36

-4-

¶37

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

¶38

(v) The petitioner shall not leave India without the prior permission of the learned Magistrate.

¶39

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

¶40

Sd/N.K. BALAKRISHNAN, JUDGE

¶41

//True Copy//

¶42

P.A. to Judge

¶43

jjj

C.P.Navas v. the S.I of Police

Case brief

What is this about?

What did the court decide?

C.P.Navas v. the S.I of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kannan Vs State of Kerala

Tom Jose Vs the State of Kerala

M.T.Nazar Vs State of Kerala

Abhilash Vs State of Kerala

Sobin Vs State of Kerala

Biju.a.N. Vs State of Kerala