Allowed

Nishad v. State of Kerala

Kerala HC16 Jun 2014Bail Appl./4230/2014

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. in a rape case involving a minor victim, the High Court allowed bail, releasing the petitioner on a bond of Rs. 25,000 with conditions including abstinence from liquor and mandatory appearances before the investigating officer.

What did the court decide?

Petitioner released on bail on executing a bond for Rs. 25,000 with two solvent sureties; prohibited from consuming liquor; required to appear before investigating officer on Fridays.

Nishad 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 K.ABRAHAM MATHEW

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MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936

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Bail Appl..No. 4230 of 2014 ()

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CRIME NO. 472/2014 OF KANJAR POLICE STATION, IDUKKI DISTRICT.

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PETITIONER/1ST ACCUSED:

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NISHAD, AGED 30 YEARS, S/O.ABDULLA, NEDUNGATTIL HOUSE, ELAMDESOM KARA, VELLIYAMATTAM VILLAGE, IDUKKI DISTRICT.

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BY ADV. SRI.M.S.BREEZ.

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RESPONDENT(S):

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

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2. THE STATION HOUSE OFFICER, KANJAR POLICE STATION, (CRIME NO.472 OF 2014 OF KANJAR POLICE STATION, IDUKKI DISTRICT).

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BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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K. ABRAHAM MATHEW, J.

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B.A. No. 4230 of 2014

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Dated this the 16^th day of June, 2014

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ORDER

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Petition filed under Section 439 (1) Cr.P.C.

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Petitioner is the first accused in Crime No.472/2014 of Kanjar Police Station which has been registered for the offences under Sections 109, 294(b), 313, 323 and 376 read with Section 34 I.P.C.

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He is alleged to have committed rape on a 17 year old girl and caused miscarriage of her pregnenancy and has thus committed the offences under Sections 109, 294(b), 313, 323 and 376 read with Section 34 I.P.C. and Section 6 of the Prevention of Children from Sexual Offences Act. It is submitted by the learned counsel for the petitioner that the marriage between the petitioner and the victim girl has been solemnized and the investigation is almost complete and he may be released on bail.

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Heard the learned counsel for the petitioner and the

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B.A. No. 4230/2014

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learned Public Prosecutor.

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The petitioner has been in custody since 11.05.2014. It is submitted that the investigations nearing completion. It appears that his further detention is not necessary for the completion of investigation.

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In the result, this application is allowed.

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The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.

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He shall not consume liquor while he is on bail.

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He shall appear before the investigating officer between 10.30 am and 11.30 am on all Fridays for three months or till the final report is filed, whichever is earlier.

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If the petitioner violates any of the above conditions, the

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court of enquiry/trial is empowered to cancel the bail in accordance with the law.

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SD/- K. ABRAHAM MATHEW JUDGE

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Nishad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nishad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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