The Court granted bail to the sole accused charged with rape and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, subject to several conditions.
The bail application allowed; petitioner released on bond with two sureties, subject to multiple specific 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 SUNIL THOMAS
TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937
Bail Appl..No. 166 of 2016 ()
CRIME NO. 219/2015 OF MALA POLICE STATION, THRISSUR DISTRICT.
PETITIONER/ACCUSED :
SANTHOSH, AGED 27 YEARS, S/O. UNNIKRISHNA, THEKKETHALAKAL HOUSE, KUNNATHUKAD DESOM, MALA P.O., VIA MALA, THRISSUR-680 732.
BY ADVS.SRI.M.H.HANIL KUMAR, SRI.M.R.DHANIL,
SMT.P.SREESHA.
RESPONDENTS/COMPLAINANT/STATE :
1. SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA P.O., THRISSUR DISTRICT-680 732.
2. DEPUTY SUPERINTENDENT OF POLICE, CHALAKUDY, CHALAKUDY P.O., THRISSUR.
3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
SUNIL THOMAS, J
B.A.NO.166 OF 2016
Dated this the 9th day of February, 2016
O R D E R
The petitioner is the sole accused in Crime No.219/2015 of Mala Police Station for the offences punishable under Section 376 of Indian Penal Code and Section 3(1), (XI), 3(2) (V) of Scheduled Caste/Scheduled tribe (Prevention of Atrocities) Act.
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B.A.NO.166 OF 2016
woman has been recorded. The investigation has substantially
progressed. Having regard to the fact that the petitioner is in custody since 28.12.2015, I am inclined to grant bail to the petitioner subject to the following conditions:
(a) The petitioner shall execute a bond for a sum of Rs.60,000/- (Rupees sixty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(b) He shall surrender his passport within seven days or file an affidavit regarding that.
(c ) He shall not leave the State of Kerala without the express permission in writing of the court where the matter is pending
(e) He shall not threaten, coerce or intimidate the de facto complainant and the witnesses nor shall he interfere in the process of investigation.
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B.A.NO.166 OF 2016
The bail application is allowed as above.
sd/- SUNIL THOMAS, JUDGE.
R.AV
//True Copy//
PA to Judge
3 issues framed by the court
Whether bail should be granted to the accused charged with rape and offences under the Prevention of Atrocities Act.
What conditions should be imposed for the release on bail.
Whether the serious nature of the offence and investigation progress warrant bail despite the custody.
2 provisions across 2 enactments
Santhosh
Sub Inspector of Police, Mala Police Station
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
