Sivaprasad vs State Of Kerala
2023 Latest Caselaw 5164 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                    BAIL APPL. NO. 3008 OF 2023
AGAINST THE ORDER/JUDGMENT CMP 847/2023 OF JUDICIAL MAGISTRATE
            OF FIRST CLASS -II(FOREST OFFENCES),PUNALUR


PETITIONER/1st ACCUSED

            SIVAPRASAD
            AGED 35 YEARS
            S/O SIVARAJAN PILLAI
            RESIDING AT SREEKRISHNA VILASAM, MANJAMANKALA,
            CHEMMANTHOOR MURI, PUNALUR P.O,
            KOLLAM DISTRICT, PIN - 691305

            BY ADVS.
            NIRMAL V NAIR
            ANEES.T
            ARATHI PRABHAKARAN
            ENCIL K. SABU

RESPONDENT/STATE

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


            BY SRI.M.P PRASANTH-PP


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
18.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.3008 of 2023
                                  2



                             ORDER

Dated this the 18th day of April, 2023

This bail application is filed under Section 439 of the

Code of Criminal Procedure seeking regular bail.

2. The petitioner is the 1st accused in Crime No.114 of

2023 of Punalur Police Station. The offences alleged against

the petitioner are under Sections 366, 376, 376(2)(l), 376D, 377

and 34 of the Indian Penal Code.

3. The prosecution case is that on 10.01.2023 at about

11.30 a.m. the petitioner/1st accused abducted the victim from

a building under construction situated on the Imperial Lane,

MLA Road, in his autorickshaw bearing registration No.KL-25-

D-1931 and took her to the rented house of the 2 nd accused.

Thereafter, the petitioner committed forcible sexual intercourse

and thereby committed the offences. The crime was registered

under such circumstances and the petitioner was arrested in

connection with the aforesaid case on 20.01.2023. Since then,

he has been under judicial detention. Even though the petitioner

approached this Court by submitting an application for bail, the B.A. No.3008 of 2023

same was dismissed as per Annexure 4 order dated

30.03.2023.

4. Heard Sri.Nirmal.V.Nair the learned counsel

appearing for the petitioner and Sri.M.P.Prasanth the learned

Public Prosecutor for the State.

5. The learned counsel for the petitioner submits that,

the petitioner is innocent of all the allegations and the petitioner

has been falsely implicated in the said case. It is further pointed

out that the petitioner is under judicial detention since

20.01.2023 and as on date 89 days have been elapsed, but no

final report has also been submitted.

6. On the other hand, the learned Public Prosecutor

would oppose the aforesaid application. It is pointed out that

there are serious allegations against the petitioner. However,

the fact that the final report has not been filed so far has been

confirmed by the learned Public Prosecutor.

7. I have gone through the records and heard the

contentions raised from both sides. It is true that there are

allegations against the petitioner, however, the fact remains that

the petitioner is in custody since 20.01.2023 onwards. Even

though 89 days have been passed, no final report has been B.A. No.3008 of 2023

filed.

8. In such circumstances, taking into account the period

of detention undergone by the petitioner, I am of the view that

the petitioner can be released on bail by incorporating

appropriate conditions to ensure that he is co-operating with the

investigation and he is not influencing the victim/witnesses.

Accordingly, the bail application is allowed and the

petitioner is directed to be released on bail subject to the

following conditions:-

(i) The petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

(iv) The petitioner shall also appear before the Investigating Officer as and when required.

(v) The petitioner shall not commit any offence of similar nature while on bail.

B.A. No.3008 of 2023

(v) The petitioner shall not make any 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.

(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

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

jurisdictional Court shall be empowered to consider the

application for cancellation of bail, if any, and pass appropriate

orders in accordance with law.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE smm B.A. No.3008 of 2023

APPENDIX OF BAIL APPL. 3008/2023

PETITIONER ANNEXURES Annexure 2 A TRUE COPY OF THE ORDER DATED 27-01-

2023 IN C.M.P 847/2023 IN CRIME NO.114/2023 OF THE JMFC II, PUNALUR Annexure 3 A TRUE COPY OF THE ORDER DATED 3-3-

2023 IN B.A. NO. 1069/2023 ON THE FILES OF THIS HONOURABLE COURT Annexure 4 A TRUE COPY OF THE COMMON ORDER DATED 30-3-2023 IN B.A. NO. 1707/2023 AND B.A. NO. 2477/2023 ON THE FILES OF THIS HONOURABLE COURT