Allowed

Pradeep Kora v. State of Kerala

Kerala HC21 Mar 2018Bail Appl./1055/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by an accused charged with rape. The Court granted bail after over two years of detention, rejecting the lower court's reliance on the petitioner's non-resident status alone as a ground for refusal, while imposing strict conditions on his release and residence.

What did the court decide?

Petitioner released on bail upon executing a bond of Rs. 5,00,000 with two solvent sureties, depositing Rs. 1 lakh at the lower court, and complying with strict residence and conduct conditions.

Pradeep Kora Vs State of Kerala — Bail and Remand | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939

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Bail Appl..No. 1055 of 2018

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CRIME NO. 946/2016 OF KONNI POLICE STATION , PATHANAMTITTA

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PETITIONER(S)/ACCUSED

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PRADEEP KORA S/O.HARUKORA MADHYAPARA KALNA SUB DIVISION, BAIDVAPUR-7 BARDAWAN DISTRICT, WEST BENGAL.

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BY ADV.SRI.M.R.SARIN

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. THE SUB INSPECTOR OF POLICE, KONNAI POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR.

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R BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J

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B.A No.1055 of 2018

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Dated this the 21^st day of March, 2018

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ORDER

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1.This petition is filed under Section 439 of the Code of Criminal Procedure.

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2.The petitioner herein is the accused in S.C.No.340 of 2016

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on the file of the Additional Sessions Judge-IV, Pathanamthitta. He is charged for having committed offence punishable under Sections 450 and 376 of the IPC.

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3.The prosecution allegation is that, on 03.06.2016 at 12.45 a.m., the petitioner trespassed into house of the victim and after dragging her out, took her to the property of one Sivankutty and subjected her to forcible sexual intercourse. The petitioner was arrested on the same day and has been in custody since then.

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The learned counsel appearing for the petitioner submitted that bail was refused by the court below on the sole ground that the petitioner was a native of West Bengal. He has been languishing in custody as an under trial prisoner for almost two years. According to the learned counsel, bail is not to

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B.A No.1055 of 2018 2

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be withheld and the requirements as to bail are merely to secure the attendance of the accused at the stage of trial. It is submitted that to allay the apprehension of the prosecution that he would abscond, the petitioner is prepared to furnish local sureties and also deposit a sum of Rs.One lakh before the court below. It is urged that the petitioner has proper identification records pinning him to his place of residence in the State of West Bengal and he undertakes that those identification records shall be produced.

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5.The learned Public Prosecutor on instructions submitted that an elderly lady was subjected to rape by the petitioner. It is submitted that if this Court is inclined to enlarge the petitioner on bail, sufficient conditions be imposed to ensure that he remains in the State of Kerala till the trial is over.

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6.I have considered the submissions advanced. It appears that the petitioner has been in custody for about two years. His earlier application was rejected by the Court of Session primarily on the ground that the petitioner is a native of West Bengal and by holding that there was every reason to suspect that he would make himself scarce. Having regard to

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B.A No.1055 of 2018 3

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the period of detention undergone, the nature of allegations levelled, the fact that final report has been laid and attendant facts, I am of the view that the petitioner can now be enlarged on bail by imposing appropriate conditions.

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7.In the result, this petition will stand allowed. The petitioner shall be released on bail on his executing a bond for Rs.5,00,000/- (Rupees Five lakhs only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. Both the sureties shall be persons, who are permanent residents of the State of Kerala. The above

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order shall be subject to the folowing conditions:

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1). The petitioner shall deposit a sum of Rs.One lakh only before the jurisdictional court on the date of execution of the bail bond.

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2)The petitioner shall continue to appear before the Investigating Officer on all Mondays and Saturdays between 10 a.m. and 11 a.m., until the trial is over

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3). The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not make attempts to contact the victim or her family members.

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4). The petitioner shall produce originals of his Voter's ID or any other ID card to

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B.A No.1055 of 2018

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substantiate that he has a permanent place of abode at the Baidyapur Grama Panchayath, East Burdwan District, West Bengal.

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5). The petitioner shall not leave the limits of Pattanamthitta District until the trial is over.

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The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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RAJA VIJAYARAGHAVAN V, JUDGE //TRUE COPY//

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P.A TO JUDGE

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Pradeep Kora v. State of Kerala

Case brief

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Pradeep Kora v. State of Kerala

Case brief

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