Allowed

Abdulrahman v. State of Kerala

Kerala HC22 Jan 2016Bail Appl./23/2016

Case brief

AI extract

What is this about?

High Court of Kerala granted bail to the sole accused charged with rape (Section 376 IPC) subject to execution of bond, appearance before investigation officer, surrender of passport, and non-interference with the complainant and investigation, noting pending disputes and recorded statement by complainant.

What did the court decide?

Petitioner released on bail subject to execution of bond, appearance before IO, surrender of passport, and non-interference conditions.

Abdulrahman Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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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 SUNIL THOMAS

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FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937

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Bail Appl..No. 23 of 2016

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CRIME NO. 1914/2015 OF IRINJALAKUDA POLICE STATION, THRISSUR

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PETITIONER(S)/ACCUSED:

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ABDULRAHMAN, AGED 33 YEARS, S/O.GANGADHARAN, PATHIYASSERY HOUSE, KOTTANALLUR DESOM, KOTTANALLUR VILLAGE.

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BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENT(S)/STATE:

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031, (CRIME NO.1914/2015 OF IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT).

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B. A. No. 23 of 2016

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Dated this the 22^nd day of January, 2016

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O R D E R

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The petitioner is the sole accused in Crime No.1914/2015 of Irinjalakuda Police Station for offences punishable under Section 376 IPC.

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The allegation of the prosecution is that, on 18.06.2015 at 1.30 p.m., the accused sexually abused the defacto complainant at her house. She did not reveal it at that point of time. But later, complaint was lodged on 20.12.2015. The petitioner was arrested on 22.12.2015 and is in custody since then.

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The parties are relatives and known to each other. There are some indications on record that, between the families of both persons some disputes are pending. The investigation has substantially progressed. Though the allegation against the petitioner is very serious, since Section 164 Cr.P.C. statement of the defacto complainant has been recorded, I feel that bail can now be granted to the petitioner subject to the following conditions:

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(i) The petitioner shall be released on

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B. A. No. 23 of 2016

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bail on he executing a bond for a sum of Rs.70,000/- (Rupees seventy thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) The petitioner shall appear before the Investigation Officer on all Mondays and Fridays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of his release or till final charge is laid, which ever is earlier.

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(iii) The petitioner shall surrender his passport within 10 days from the date of execution of the bond and if he is not possessing it, shall file an affidavit in this regard. It will be within the jurisdiction of the trial court to decide at appropriate later stage as to whether the passport is to be released or not.

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(iv) He shall not enter the house of the

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B. A. No. 23 of 2016

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defacto complainant and shall not threaten, coerce or intimidate the witness and shall not interfere in the process of investigation.

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Sd/-

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SUNIL THOMAS, JUDGE.

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/true copy/

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P. A. to Judge

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Abdulrahman v. State of Kerala

Case brief

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Abdulrahman v. State of Kerala

Case brief

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