Allowed

Athul Deepu, v. State of Kerala

Kerala HC7 Feb 2020Bail Appl./9/2020

Case brief

AI extract

What is this about?

The High Court of Kerala entertained a bail application under Section 439 CrPC by an accused registered under Sections 376 IPC and 67A IT Act. The court granted regular bail subject to conditions regarding bonds, witness influence, and movement.

What did the court decide?

The petitioner was enlarged on bail on the terms of executing a bond, appearing before the investigating officer, and not influencing witnesses or leaving the country.

Athul Deepu, Vs State of Kerala — Narcotics (NDPS) | 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.9 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMC 1797/2019 DATED 16-122019 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE

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CRIME NO.782/2019 OF Balussery Police Station , Kozhikode

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PETITIONER/ACCUSED:

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ATHUL DEEPU, AGED 20 YEARS S/O CHANDRAN, OCHUMMAL HOUSE, AVIDANALLUR P.O.KOZHIKODE DISTRICT.

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BY ADV. SRI.P.G.MANU (MAMMALASSERY)

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE SHO, BALLUSSERY POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY SR. PP SRI. AMJAD ALI

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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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Bail Application No. 9 of 2020

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Bail Application No. 9 of 2020

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O R D E R

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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. 782 of 2019 of Balussery Police Station registered for offences punishable under Section 376 of the Indian Penal Code and Section 67A of the Information Technology Act . The prosecution case is that the petitioner was maintaining a love affair with the de facto complainant and he had sexual intercourse with the de facto complainant on a false promise that he would marry her. It is also alleged that the petitioner took her obscene photographs and videos and circulated it through social media. The petitioner is in custody since 22.11.2019.

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Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

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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 22.11.2019, I am inclined to enlarge the petitioner

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Bail Application No. 9 of 2020

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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 intimidate or attempt to influence the witnesses nor sh all he tam per with the evidence.

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

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

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P.B.SURESH KUMAR

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JUDGE

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ds 07.02.2020

Athul Deepu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Athul Deepu, 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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