Allowed

Rajesh v. State of Kerala

Kerala HC14 Mar 2014Bail Appl./1777/2014

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioners in a case involving assault and outrage of modesty. The High Court directed surrender within 10 days and imposed strict conditions including bond, sureties, passport production, and prohibition of tampering with evidence.

What did the court decide?

Anticipatory bail granted on conditions of surrender within 10 days, execution of bond with sureties, passport production, and prohibition of tampering with evidence.

Rajesh 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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FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935

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Bail Appl..No. 1777 of 2014 () ------------------------------CRIME NO.92/2014 OF KARIMANNOOR POLICE STATION, IDUKKI

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PETITIONERSACCUSED :-

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1. RAJESH, AGED 23 YEARS, S/O.SURENDRAN, KUNNIL HOUSE, NEYYASSERY KARA, NEYYASSERY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

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2. NEELESH AGED 34 YEARS S/O.KRISHNAN, CHITTADICHALIL HOUSE NEYYASSERY KAVALA BHAGOM, KODIKKULAM KARA KODIKKULAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT.

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BY ADV. SRI.A.C.DEVASIA

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RESPONDENTS/STATE :-

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STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE KARIMANNOOR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2014, 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.1777 of 2014

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Dated this the 14^th day of March 2014

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O R D E R

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Petitioners are the accused in Crime No.92/2014 of Karimannor Police Station, Idukki District. The offences alleged against them are punishable under Secs.341, 323 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 20.2.2014 at about 5.45 PM, the petitioners, in furtherance of their common intention, attacked the complainant and outraged her modesty.

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Learned counsel for the petitioners submits that the son of the de facto complainant attacked the 2^nd petitioner in respect of which, Crime No.93/2014 was registered against the son of the de facto complainant for offences punishable under Secs.341 323 and 427 r/w 34 of IPC.

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Considering all the aspects the following

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B.A. No.1777 of 2014

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-: 2 :-

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directions are issued:

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The petitioners shall surrender before the Investigating Officer within 10 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 grant bail to the petitioners but on the following conditions:

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a. The accused shall execute a bond for 10,000/-₹ (Rupees Ten Thousand only) each 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 themselves available for interrogation by the Investigating Officer and should 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 their original passports

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B.A. No.1777 of 2014

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-: 3 :-

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before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they 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 disclosing such facts to the court or to any police officer or tamper with the evidence.

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e. 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.

//True Copy//

P.A. To Judge

Jvt

Rajesh v. State of Kerala

Case brief

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Rajesh v. State of Kerala

Case brief

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