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.
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B. A. No. 3473 of 2024
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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
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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
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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
