Allowed

Jijesh @ Unni v. State of Kerala

Kerala HC7 Feb 2020Bail Appl./132/2020

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to the sole accused in a rape case, imposing conditions regarding surety bond, appearances before the Investigating Officer, and restrictions on influencing witnesses, leaving the country, or committing further offences.

What did the court decide?

Bail granted on terms of a bond with sureties for Rs. 50,000, appearances before the Investigating Officer, and restrictions on influencing witnesses or leaving the country.

Jijesh @ Unni Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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Bail Appl..No.132 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMC 1443/2019 DATED 03-012020 OF DISTRICT COURT& SESSIONS COURT,MANJERI

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AGAINST THE ORDER/JUDGMENT IN CMP 5514/2019 DATED 06-122019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,

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PERINTHALMANNA

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CRIME NO.573/2019 OF Perinthalmanna Police Station , Malappuram

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PETITIONER/ACCUSED:

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JIJESH @ UNNI, AGED 29 YEARS S/O. SANKARANARAYANAN, THOTTATHIL HOUSE, PANG SOUTH P.O, KOLATHUR KOZHIKODE DISTRICT 679 338

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BY ADV. SRI.P.M.RAFIQ

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RESPONDENT/COMPLAINANT:

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

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BY PP SRI. T.R. RENJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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..2..

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Bail Application No. 132 of 2020

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Bail Application No. 132 of 2020

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ORDER

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This is an application for regular bail under Section 439 of the Code of Criminal Procedure.

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The petitioner is the sole accused in Crime No. 573 of 2019 of Perinthalmanna Police Station registered for offences punishable under Sections 366 and 376 of the Indian Penal Code . The accused who is a bus conductor was maintaining a love affair with the de facto complainant. It is seen that later, the de facto complainant got acquainted with another person and decided to marry him and on that basis, her marriage was fixed. The accusation against the accused in the case is that on coming to know of the said development, the accused stealthily took the de facto complainant to a place and had sexual intercourse with her against her will and without her consent. The petitioner is in custody since 03.12.2019.

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Heard the learned counsel for the petitioner as

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also the learned Public Prosecutor.

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Bail Application No. 132 of 2020

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..3..

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The learned Public Prosecutor has made

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available the case diary. I have also perused the statement given by the de facto complainant.

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Having regard to the nature of the allegations made against the petitioner and also the fact that the petitioner is in custody since 03.12.2019, I am inclined to enlarge the petitioner on bail on the following terms:

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(i) The petitioner shall execute a bond for a sum of 50,000/- with two solvent sureties each for the₹ like sum to the satisfaction of the jurisdictional court.

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(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of release or till final report is filed, whichever is earlier.

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(iii) The petitioner shall not in timidate or attempt to influence the witnesses nor shall he tamper with the evidence.

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(iv)The petitioner shall not commit any offence while on bail.

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Bail Application No. 132 of 2020

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..4..

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(v) The petitioner shall not leave the country without the permission of the jurisdictional court.

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Sd/P.B.SURESH KUMAR JUDGE

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ds 07.02.2020

Jijesh @ Unni v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jijesh @ Unni v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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