Anu vs State Of Kerala

Kerala High Court

Anu vs State Of Kerala on 14 May, 2024

B.A. No. 3473/2024

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           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                     BAIL APPL. NO. 3473 OF 2024
CRIME NO.174/2024 OF VARAPPUZHA POLICE STATION, ERNAKULAM


      AGAINST THE ORDER DATED 16.04.2024 IN CRMC NO.1145
OF 2024 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM


PETITIONER/ACCUSED:

           ANU, AGED 44 YEARS,
           CHAKKALAPARAMBIL HOUSE, LHC ROAD, KALOOR, NOW
           RESIDING AT SREYAS HOUSE, SN JUNCTION, NETTOOR,
           ERNAKULAM, PIN - 682304.

            BY ADV. SRI.GEORGE RENOY


RESPONDENT/STATE:

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, PIN - 682031.

            SRI. SANGEETH RAJ N.R., SR.P.P.


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A. No. 3473/2024

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                       MOHAMMED NIAS C. P. , J.
                     =========================
                           B. A. No. 3473 of 2024
                     =========================
                     Dated this the 14th day of May, 2024


                                 ORDER

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

2. The petitioner is the first accused in Crime No. 174/2024 of Varapuzha Police Station, Ernakulam, for having committed offences punishable under Sections 376, 354, 506 r/w 34 of the Indian Penal Code.

3. The prosecution case is that the first accused made the defacto complainant believe that he is a divorcee and promised her that he will marry her, and on 21.1.2024, the first accused committed rape on the defacto complainant at her house at Olanad, Varapuzha, and on 24.1.2024, the first accused took her to the house of the second accused to remove the hindrance of their marriage and the second accused removed her dress and touched on her private parts. Thereafter, the third accused criminally intimidated her by sending messages and thereby, caused fear to her and thus, committed the aforementioned offences.

4. The learned counsel for the petitioner submits that the petitioner B.A. No. 3473/2024 ..3..

is innocent of the allegations levelled against him and has been falsely implicated in the crime. At any rate, he points out that the petitioner has been in custody since 20.3.2024, and the continued custody of the petitioner is unnecessary. The learned counsel submits that Anx.A-2 order shows that the petitioner is a divorcee.

5. The learned Public Prosecutor opposed the petition.

6. I have heard both sides.

7. Anx.A-2 order shows that the petitioner is a divorcee. The learned counsel submits that though they had fallen in love and were in a relationship, the petitioner did not want to go ahead with the marriage. Taking note of the allegations raised against the petitioner and after hearing both sides and the fact that he has been in custody since 20.3.2024, I am inclined to grant bail to the petitioner as no apprehension about the petitioner absconding is raised by the prosecution.

8. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;

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ii. The petitioner shall fully cooperate with the trial and shall attend the Court on all posting dates except when his absence is permitted by the court concerned; iii.The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial; iv.The petitioner shall not commit any offence while on bail; v. The petitioner shall not leave the country without the permission of the Court having jurisdiction; vi.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG B.A. No. 3473/2024 ..5..

APPENDIX OF BAIL APPL.NO.3473/2024 PETITIONER'S ANNEXURES:

ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.174/2024 OF VARAPUZHA POLICE STATION ANNEXURE A2 TRUE COPY OF JUDGMENT OF FAMILY COURT ERNAKULAM IN OP. NO. 171/2022 DATED 19.03.2022 ANNEXURE A3 CERTIFIED COPY OF BAIL DISMISSAL ORDER OF SESSIONS COURT, ERNAKULAM ( VACATION COURT) IN CRL.M.C NO.

1145/2024 DATED 16.4.2024