Jishnu vs State Of Kerala
2024 Latest Caselaw 31391 Ker

Kerala High Court

Jishnu vs State Of Kerala on 2 November, 2024

                                             2024:KER:81473

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

SATURDAY,THE 2ND DAY OF NOVEMBER 2024/11TH KARTHIKA, 1946

               BAIL APPL. NO. 8405 OF 2024

   AGAINST THE ORDER/JUDGMENT DATED 05.10.2024 IN CRMP

 NO.5029 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

                       KUNNAMKULAM

    CRIME NO.810/2024 OF PERAMANGALAM POLICE STATION,

                        THRISSUR

PETITIONER/PETITIONER/ACCUSED:

         JISHNU,
         AGED 29 YEARS
         S/O MOHANAN,IRIPPISSERY HOUSE,PUZHACKAL
         AMBAKKAD DESOM,PUZHACKAL VILLAGE, THRISSUR
         DISTRICT, PIN - 680553.

         BY ADV K.R.PRATHISH


RESPONDENT/RESPONDENT/STATE & COMPLAINANT:

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

         SMT. SEETHA S., PUBLIC PROSECUTOR
                                            2024:KER:81473

                             2
Bail Appl.No.8405 of 2024



       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                   2024:KER:81473

                                 3
Bail Appl.No.8405 of 2024


                     P.G. AJITHKUMAR, J.
    -----------------------------------------------------------
                   Bail Appl.No.8405 of 2024
    -----------------------------------------------------------
          Dated this the 2nd day of November, 2024

                            ORDER

This is an application for bail filed under Section 483 of

the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. The petitioner is the accused in Crime No.810 of

2024 of Peramangalam Police Station. He allegedly had

committed an offence punishable under Section 69 of the

Bharatiya Nyaya Sanhita, 2023.

3. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

4. The prosecution allegation is that the accused

induced the de facto complainant assuring that he would

marry her and on that pretext at 8.00 p.m. on 01.09.2024 he

had sexual intercourse with her at a lodge at Thrissur. Again

on 17.09.2024 at 10.00 p.m. at a lodge at Amala he

committed a similar offence.

2024:KER:81473

5. The petitioner has been in judicial custody since

27.09.2024. The petitioner would contend that he did not

involve in the alleged crime and without any material or

evidence, he has been implicated in the crime. He is innocent.

The investigation in the matter has been progressed

considerably and there is no reason or justification for his

further detention.

6. The learned Public Prosecutor would submit that

considering the seriousness of the offence and the possibility

of interfering with the investigation by the petitioner in the

event of his release on bail, this petition deserve only to be

dismissed.

7. Having heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor, and considering

the nature and gravity of the offence, further detention of the

petitioner is unnecessary. I am therefore of the view that the

petitioner is entitled to be released on bail.

8. In the result, the bail application is allowed and the

petitioner is granted bail on his/her executing a bond for 2024:KER:81473

Rs.50,000/- (Rupees fifty thousand only), with two solvent

sureties for the like amount each, to the satisfaction of the

learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution

shall be at liberty to apply for cancellation of the bail before

the jurisdictional court.

Sd/-

P.G. AJITHKUMAR, JUDGE

dkr 2024:KER:81473

APPENDIX OF BAIL APPL. 8405/2024

PETITIONER ANNEXURES

ANNEXURE A1 FREE COPY OF THE ORDER DATED 05.10.2024 IN CRL.MP NO. 5029 OF 2024 BY JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNUMKULAM