The High Court allowed a bail application filed by an accused in a rape and unlawful assembly case. The court noted the settlement between parties and the completion of committal proceedings, ruling that continued detention was unnecessary.
The applicant is released on bail on a bond of Rs.1,00,000 with two sureties for like sum each.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 7TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944
BAIL APPL. NO. 863 OF 2023
C.P.72/2022 OF JFCM-I, ALATHUR, CR.NO.584/2000 OF
VADAKKANCHERY POLICE STATION
PETITIONER/ACCUSED:
PRADEESH KUMAR, AGED 44 YEARS S/O. KUMARANASSARI, THEKKETHARA HOUSE, ANJUMURTHYMANGALAM POST, PALAKKAD (DIST.), PIN - 678682
BY ADVS.AMEER SALIM K.ANAND
RESPONDENTS/STATE & COMPLAINANT:
*ADDL.R3 IMPLEADED AS PER ORDER IN CRL.MA.NO.1/2023 DATED 7.3.2023
BY ADV V.A.Johnson (Varikkappallil) V A
SMT .MAYA.M.N.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
Dated this the 7th day of March, 2023
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
files of the Judicial First Class Magistrate Court-I, Alathur. The offences alleged are punishable under Sections 450 and 376 of the IPC.
at 11.30 am, the applicant trespassed into the house of the victim and forcibly committed rape on her and thereby committed the offences.
the applicant and Sri. Maya M.N., the learned Public Prosecutor. I have also heard the learned counsel for the victim. Perused the case diary.
counsel for the victim submitted that the matter has been settled. The learned counsel for the applicant further submitted
B.A.No.863/2023
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that the applicant is in custody for the last 90 days and the committal proceedings is already over. On the other hand, the learned Public Prosecutor submitted that the applicant was all along absconding and if bail is granted, he will not be available during trial.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a
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bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent
sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall not commit any offence of a like
nature while on bail.
(iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating
the bail conditions shall be filed at the jurisdictional court.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF BAIL APPL. 863/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER IN CMP NO. 3813/2022 DATED 20.12.2022 OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, AT ALATHUR Annexure A2 TRUE COPY OF THE ORDER IN CRL. M P NO: 5133/2022 DATED 21.01.2023 OF THE COURT OF SESSION, PALAKKAD DIVISION Annexure A3 COPY OF SWORN AFFIDAVIT BY THE DEFACTO COMPLAINANT DATED 15.2.2023
1 issue framed by the court
Whether the applicant is entitled to bail after being in custody for 90 days given that the matter has been settled and committal proceedings are over.
2 provisions across 2 enactments
PRADEESH KUMAR
STATE OF KERALA
THE STATION HOUSE OFFICER, VADAKKANCHERI POLICE STATION
SMT MAYA M N P P
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
