Amal. S vs State Of Kerala
2021 Latest Caselaw 20903 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                      THE HONOURABLE MRS. JUSTICE M.R.ANITHA

         WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943

                           BAIL APPL. NO. 6845 OF 2021

    CRIME NO.815/2021 OF PERUNAD POLICE STATION, PATHANAMTHITTA DISTRICT

      AGAINST THE ORDER/JUDGMENT IN CRMP 1416/2021 OF SESSIONS COURT,

                                 PATHANAMTHITTA

PETITIONER/ACCUSED:

            AMAL. S
            AGED 20 YEARS
            S/O. SAJEEV DHARMARAJ, RAJ BHAVAN, MYLOM P.O, MYLOM VILLAGE,
            KOTTARAKKARA.
            BY ADVS.
            K.SASIKUMAR
            S.ARAVIND


RESPONDENT/S:

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

OTHER PRESENT:

            PP C.N PRABHAKARAN.SR GP



      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.6845 OF 2021

                                   2




                               ORDER

Petitioner is the sole accused in crime No.815/2021 of

Perunad Police Station, which is registered for the offences

punishable u/s.376(2)(n)IPC.

2. It is alleged that on 27.04.2021 at about 11.30 hours

accused with the intention of committing sexual assault upon the

victim, trespassed into the house and committed rape upon her

promising to marry her and subsequently he took her to his

mother's house at Ezhukone and there also he repeatedly

committed rape upon her, thereby accused committed the

offence aforementioned.

3. The Inspector of Police, Perinadu filed Report. In the

Report, it is stated that the investigation is progressing. If bail is

granted to the petitioner, there is possibility of influencing the

witnesses and threatening them and destroying the evidence.

Hence, he prays for dismissal of the petition.

4. It has come out from the records that the petitioner is

aged 20 years. He has been under confinement from 11.08.2021 B.A.No.6845 OF 2021

onwards. Considering the petitioner's age and the fact that the

petitioner herein is not involved in any other crime, it seems that

continued confinement of the petitioner is not necessary. Hence,

I find it just and proper to grant bail to the petitioner on the

following conditions:

(i) The petitioner shall execute bond for a sum of

Rs.35.000/- (Rupees thirty five thousand only)

with two solvent sureties for the like sum each to

the satisfaction of the jurisdictional court.

(ii) He shall report before the investigating officer on

every Monday between 9.00 a.m and 11.00 a.m

for three months or until the Final Report is filed,

whichever is earlier.

(iii) He shall surrender his passport before the trial

court within ten days from the date of his release

on bail and in case he does not have any passport,

he shall file an affidavit to that effect.

(iv) He shall not try to contact or influence the

witnesses or tamper with the evidence;

(v) He shall not involve in any crime during the

period on bail.

B.A.No.6845 OF 2021

In case of violation of any of the above conditions, the

jurisdictional court will be at liberty to cancel the bail in

accordance with the law.

This bail application is allowed as above.

Sd/-

                                              M.R.ANITHA

shg                                                JUDGE