The High Court of Kerala granted anticipatory bail to petitioner Vijesh, second accused in a case involving offences under IPC Sections 448, 323, and 354. Conditions of appearance, bond deposit, and restraint on witnesses were imposed.
Order for release on bail in Crime No. 701 of 2015 subject to appearance, bond execution, and conduct conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937
Bail Appl..No. 4952 of 2015
CRIME NO. 701/2015 OF KOLLENGODE POLICE STATION , PALAKKAD
PETITIONER/ACCUSED NO.2:
VIJESH, AGED 28 YEARS, S/O.CHANDRAN, NALUPURAL HOUSE, NEDUMANI NENMENI.P.O, KOLLENGODE, PALAKKAD.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION.
BY PUBLIC PROSECUTOR SMT.R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
A.HARIPRASAD, J.
-------------------------------------B.A. No.4952 of 2015
Dated this the 15th day of September, 2015
ORDER
Petition under Section 438 of the Code of Criminal Procedure.
by the prosecution case, no offence of outraging the modesty of a woman is attributable to the petitioner attracting Section 354 of the Indian Penal Code.
After hearing the learned Public Prosecutor, I am of the view that the following directions can be issued:
i. Petitioner shall appear before the investigating officer within a period of two weeks and submit himself for interrogation.
2
BA No.4952/2015
Thereafter he shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, he shall be released on bail in Crime No.701 of 2015 of Kollengode Police Station.
ii. The sureties shall produce documents to establish their identity and solvency.
iii. Petitioner shall appear before the Investigating Officer as and when directed in writing and co-operate with the investigation in the matter.
iv. He shall not influence or intimidate the witnesses.
In case of violation of any of the above conditions, the learned Magistrate having jurisdiction is empowered to cancel the bail in accordance with law without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
cks
1 issue framed by the court
Whether bail can be granted to the accused for offences alleged to include outraging the modesty of a woman.
2 provisions across 2 enactments
Vijesh
State of Kerala
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
