The Kerala High Court granted pre-arrest bail to the petitioner accused in a criminal case involving sexual assault and RPC offences, subject to conditions.
Bail granted subject to execution of bond for Rs.50,000, appearance before IO when required, cooperation with investigation, and non-tampering conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Bail Appl..No.707 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
Bail Appl..No.707 OF 2021
CRIME NO.1940/2020 OF Pangode Police Station , Thiruvananthapuram
PETITIONER/ACCUSED
NIZAMUDEEN AGED 51 YEARS NOOR MAHAL, PANGODE P O, THIRUVANANTHAPURAM 695006
BY ADVS. SRI.P.N.ANOOP SRI.P.S.NANDANAN
RESPONDENT
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
OTHER PRESENT:
E.C.BINEESH -P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.707 OF 2021
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ORDER
Application for pre-arrest bail.
Bail Appl..No.707 OF 2021
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complaining that some dust fell on her eye and it has to be removed. But as the doctor was not available there at that point of time, he had removed the same and demanded money as charge for treatment imparted on her. As he was not a doctor, she refused to pay the money and infuriated by the demand made by him, after a few days she filed this complaint against this petitioner alleging that he attempted to molest her even in the presence of her daughter who accompanied her. Even though he is innocent he apprehends arrest and hence, this application.
Bail Appl..No.707 OF 2021
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shall co-operate with the investigation of the case.
(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 such facts to the court or to any police officer or tamper with the evidence.
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
2 issues framed by the court
Whether pre-arrest bail should be granted to the accused facing charges under Sections 354, 354A, and 323 of the IPC.
What conditions are required for the surrender of the petitioner on bail.
Nizamudeen
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
