Allowed

Irshad v. State of Kerala

Kerala HC9 Feb 2021Bail Appl./706/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by the second accused in a criminal case involving offences under Sections 341, 323, 451, and 354 of the Indian Penal Code. The petitioner apprehended arrest and torture, and justice Shircy V. granted bail.

What did the court decide?

Grant of pre-arrest bail on execution of bond for ₹50,000 with two sureties and compliance with specific conditions.

Irshad Vs State of Kerala — Bail and Remand | Kerala HC (2021)

¶1

Bail Appl..No.706 OF 2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶6

TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

¶7

Bail Appl..No.706 OF 2021

¶8

CRIME NO.1020/2020 OF Varandarappally Police Station , Thrissur

¶9

PETITIONER/ACCUSED:

¶10

IRSHAD AGED 28 YEARS KANJIRATHINGAL HOUSE, KUTTANCHIRA, VARANDARAPPILLY , THRISSUR 680303

¶11

BY ADV. SRI.RAJESH CHAKYAT

¶12

RESPONDENT:

¶13

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031

¶14

OTHER PRESENT:

¶15

AJITH MURALI- P.P

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Bail Appl..No.706 OF 2021

¶18

¶19

ORDER

¶20

Application for pre-arrest bail.

¶21

Petitioner is the second accused in Crime No.1020 of 2020 of Varandarappilly Police Station, Thrissur registered for the offences punishable under Sections 341, 323, 451 and 354 of the Indian Penal Code.

¶22

The prosecution allegation is that on 28.12.2019 this petitioner along with the first accused came to the residence of the defacto complainant under the pretext that they came to invite the husband of the defacto complainant for the marriage of the first accused. When they realised that he was not there, the first accused attempted to outrage the modesty of the wife of the defacto complainant and when he caught hold of her she resisted the same. Then the first accused slapped on her face and attempted to disrobe her and thereby committed the aforesaid offences.

¶23

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

¶24

The learned counsel for the petitioner would submit that the allegations levelled against him are absolutely false and baseless and

¶25

Bail Appl..No.706 OF 2021

¶26

¶27

he has not committed any offence as alleged. But he apprehends arrest and torture by the police and hence, this petition.

¶28

The learned Public Prosecutor has submitted that the investigation of the case is well in progress and custodial interrogation is not required to complete the investigation.

¶29

Having considered the nature of the accusations levelled against this petitioner, the present stage of investigation and also the fact that pre-arrest bail has already been granted to the first accused by an order dated 22.1.2021 , I am inclined to grant pre-arrest bail to the petitioner.

¶30

Therefore, this application is allowed subject to the following conditions:

¶31

(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.

¶32

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the investigation of the case.

¶33

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

¶34

Bail Appl..No.706 OF 2021

¶35

¶36

such facts to the court or to any police officer or tamper with the evidence.

¶37

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

¶38

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

smm

Irshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Irshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Syamala Vs State of Kerala

Pramod Vs State of Kerala

Vinod Vs State of Kerala

Manoj Vs State of Kerala

Sarath Vs State of Kerala

Murali S Vs State of Kerala