Allowed

Rajesh v. State of Kerala

Kerala HC18 Jun 2014Bail Appl./4349/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by the first accused in a case involving offences of assault, outraging modesty, and mischief. The court noted doubts about the gravity of Section 354 IPC against the petitioner and his role as a star witness in a separate pending case against the complainant.

What did the court decide?

Petitioner released on bail via bond of Rs. 25,000 with two sureties for similar amounts and regular appearance for interrogation.

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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936

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Bail Appl..No. 4349 of 2014

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CRIME NO. 638/2014 OF NEYYATTINKARA POLICE STATION , THIRUVANANTHAPURAM

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PETITIONER/1ST ACCUSED:

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RAJESH, AGED 32 YEARS,

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S/O.NADARAJAN, KALLARIKONAM MELE PUTHENVEEDU, PERUMBAZHUTHOOR DESOM, PERUMBAZHUTHOOR VILLAGE, NEYYATTINKARA P.O., THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.RAJESH P.NAIR

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RESPONDENTS/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM-695 001.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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K.ABRAHAM MATHEW J.

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B.A. NO.4349 OF 2014

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Dated this the 18^th day of June, 2014

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the 1^st accused in Crime No.638/2014 of

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Neyyatinkara Police Station which was registered for the offences under Sections 323, 354, 395 IPC. Later, the Investigating Officer sent a report to the learned Magistrate informing that the offences under Sections 143, 147 and 149 and 294(b) IPC also were committed in the course of the incident.

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The allegation is that the petitioner along with the co-accused outraged the modesty of the de facto complainant assaulted members of her family and robbed a member of the family of Rs.4,000/-. The defence version is that this is a false case.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The specific allegation against the 1^st petitioner is that he slapped the de facto complainant and assaulted her with his hands. It is doubtful whether Section 354 IPC is attracted. It is stated that the 1^st petitioner is the star witness in a criminal case now pending against the de facto complainant, in which she was in judicial custody for a certain period. Taking into consideration all these facts, I am inclined to grant the prayer of the petitioner.

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B.A. NO.4349 OF 2014

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In the result, this Bail application is allowed with the following conditions:

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The petitioner shall be released on bail on her executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent

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sureties each for the like sum if he is arrested by the Police in connection with this case.

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He shall appear before the Investigating Officer for

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interrogation if he is so required by him in writing.

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1. He shall not destroy or tamper with evidence.

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This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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Rajesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh v. State of Kerala

Case brief

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