Allowed

Shameer D.A v. State of Kerala

Kerala HC1 Sept 2014Bail Appl./6416/2014

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to the petitioner accused in a rape case (Section 376(D) IPC) who had surrendered. The Court held that continued detention was not warranted as investigation was complete, but imposed strict conditions including surrender of passport and regular reporting.

What did the court decide?

Regular bail granted with bond of Rs.50,000 and two sureties, subject to strict conditions including passport surrender and fortnightly reporting.

Shameer D.A 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 V.K.MOHANAN

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MONDAY, THE 1ST DAY OF SEPTEMBER 2014/10TH BHADRA, 1936

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Bail Appl..No. 6416 of 2014 ()

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CRMP Nos.2738/14 and 2739/2014 of the COURT OF SESSIONS, KASARAGOD, DATED 04-08-2014 CRIME NO. 210/2014 OF VIDYANAGAR POLICE STATION , KASARGOD

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PETITIONER(S)/ACCUSED :

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SHAMEER D.A., AGED 23 YEARS S/O. MOHAMMED KUNHI, ULUNKI HOUSE, NR. BADARIYA COLONY DELI, CHEMMANAD VILLAGE, KASARAGOD TALUK.

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BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI

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RESPONDENT(S)/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR ADV.SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ami/

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V.K.MOHANAN, J.

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B.A.No.6416 of 2014

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Dated this the 1^st day of September, 2014.

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O R D E R

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The petitioner, who is the accused in Crime No.210 of 2014 of Vidyanagar Police Station, was arrested on his surrender on 11.6.2014 and had preferred this application for regular bail under section 439 of Cr.P.C. as he is in custody right from 11.6.2014.

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The prosecution allegation is that the petitioner, who is the 1^st accused, along with other accused promised the de facto complainant to arrange Indian Passport and identity card for the de facto complainant, and accordingly directed her to reach in the hotel room on 23.3.2014 at 21.30 hours and committed rape on her. Thus, according to the prosecution, the accused in the above case had committed the offence punishable under section 376(D) of IPC.

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Heard the learned counsel for the petitioner and the

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B.A.No.6416 of 2014

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learned Public prosecutor.

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The learned counsel for the petitioner submitted that the other accused in the very same crime were granted regular bail and in the present case, the petitioner is in custody right from 11.6.2014 onwards and as the investigation is over, the continued detention of the petitioner is not warranted. The learned Public Prosecutor on instruction submitted that, in the present case, the petitioner was surrendered on 11.6.2014 and the investigation is over and the charge was filed on 21.6.2014. However, the learned Public Prosecutor has pointed out that the very same petitioner is also involved in another crime bearing No.321.14 of Kasaragod Police Station. In reply to the above submission, the learned counsel for the petitioner submitted that, in that case also, all the other accused had been granted regular bail.

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Having regard to the facts and circumstances

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involved in the case, according to me, further detention of the petitioner is not required, especially when the

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B.A.No.6416 of 2014

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investigation in the above crime was already over. However, while granting bail to the petitioner, according to me, stringent conditions have to be imposed.

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In the result, this petition is allowed, granting bail. Accordingly, there will be a direction to release the petitioner on bail, on his executing a bond for Rs.50,000/with two solvent sureties each for the like amount to the satisfaction of the court of Sessions, Kasaragod, and on the following other conditions.

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The petitioner shall report before the Investigating Officer in the above crime, between 10 and 11 a.m. on Sundays once in a fortnight, till the commencement of trial.

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The petitioner is directed to surrender his Passport before the Sessions court, Kasaragod, at the time of execution of bond and if he is not having the Passport, file an affidavit to that effect in the said court. The petitioner is free to approach the Sessions court, Kasaragod, for the release of the Passport as and when required and in case of an application is filed in this regard, the learned Magistrate is directed to consider the same on merit and pass appropriate orders, guided by the decision rendered by this Court in Ashok Kumar Vs. State of Kerala (2009(2) KLT 712) .

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B.A.No.6416 of 2014

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The petitioner shall co-operate with the investigation and he shall not interfere with the same or attempt to influence the witnesses or tamper the evidence.

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Sd/-

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V.K.MOHANAN, Judge.

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ami/

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//True copy//

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P.A.to Judge

Shameer D.A v. State of Kerala

Case brief

What is this about?

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Shameer D.A v. State of Kerala

Case brief

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