Kerala High Court
Viswanathan K vs State Of Kerala on 12 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
BAIL APPL. NO. 2319 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 237/2022 OF DISTRICT COURT&
SESSIONS COURT,MANJERI
CRIME NO.72/2022 OF KONDOTTY POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.2:
VISWANATHAN K.,
AGED 45 YEARS, S/O. KUMARAN K.V.,
KOLAR HOUSE, MOORKKANAD, URNGATTIRI,
MALAPPURAM DISTRICT, PIN - 673639.
BY ADV K.RAKESH
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 THE STATION HOUSE OFFICER
KONDOTTY POLICE STATION,
MALAPPURAM DISTRICT, PIN - 673638.
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP-SRI.RENJITH GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2319 OF 2022 2
ORDER
This is an application filed under Section 438 of the Code of
Criminal Procedure.
2. The petitioner is accused No.2 in Crime No.72/2022 of
Kondotty Police Station, Malappuram District. The offences alleged
against the petitioner are punishable under Sections 376(2)(n) and 354 of
the Indian Penal Code.
3. The prosecution case is that the accused No.1 in this case
entered into a relationship with the de facto complainant on the false
promise of marriage and had sexual relationship with her and that the
petitioner who had accompanied accused No.1, outraged the modesty of
the de facto complainant. The case of the petitioner is that he has been
falsely implicated in this crime. He has not committed any offences as
alleged.
4. The accused No.1 in this Crime was granted pre-arrest bail by
this Court in bail application No.1772/2022. Having regard to the nature
of allegations levelled against the present petitioner and the further fact
that the accused No.1, the principal accused, was granted anticipatory bail
by this Court, I am of the view that the petitioner is entitled to the benefits
contained in Section 438 of the Cr.P.C.
In the result, this application is allowed. It is directed that the
petitioner shall be released on bail, in the event of his arrest in Crime
No.72/2022 of Kondotty Police Station, Malappuram District subject to
the following conditions:-
(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum to the satisfaction of
the arresting officer;
(ii) Petitioner shall appear before the investigating officer in Crime
No.72/2022 of Kondotty Police Station, Malappuram District as and when required;
(iii) Petitioner shall not attempt to contact the de facto complainant or
interfere with the investigation or to influence or intimidate any witness in Crime
No.72/2022 of Kondotty Police Station, Malappuram District;
Sd/-
K. BABU
JUDGE
ats
APPENDIX OF BAIL APPL. 2319/2022
PETITIONER ANNEXURES
Annexure B TRUE COPY OF THE TREATMENT NOTES OF THE
PETITIONER'S FATHER, WHO IS AGED 87 YEARS
Annexure C A TRUE COPY OF THE ORDER IN
CRL.M.C.NO.237/2022 OF THE COURT OF SESSION,
MANJERI DIVISION DATED, 15-3-2022
