Kerala High Court

Bail Appl./9074/2016 of PRAVEEN KUMAR Vs STATE OF KERALA on 30 December 2016

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COURT OF KERALA AT ERNAKULAM PRESENT:THE HONOURABLE MR. JUSTICE A.M.BABU FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938Bail Appl..No. 9074 of 2016 () ------------------------------- CMP 12066/2016 of J.M.F.C.,THIRUVALLA CRIME NO. 960/2016 OF KEEZHVAYPUR POLICE STATION , PATHANAMTITTA

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.M.BABU

FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938

Bail Appl..No. 9074 of 2016 ()

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CMP 12066/2016 of J.M.F.C.,THIRUVALLA CRIME NO. 960/2016 OF KEEZHVAYPUR POLICE STATION , PATHANAMTITTA

PETITIONER(S)/1ST ACCUSED:------------------------- PRAVEEN KUMAR AGED 25 YEARS, NEDUMPARAMBIL HOUSE, NIRANAM NORTH.P.O., KADAPRA VILLAGE, THIRUVALLA.

BY ADV. SRI.T.P.PRADEEP

RESPONDENT(S)/COMPLAINANTS:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2. SUB INSPECTOR OF POLICE

KEESHVAYPUR.689 587.

BY PUBLIC PROSECUTOR C.S. HRITHWIK

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A.M.BABU, J.

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B.A.9074 of 2016

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Dated 30[th] December, 2016

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ORDER

1. Petitioner is the 1[st] accused in crimeno.960/2016 of Keezhvaypur police station.The case was registered under sections 376and 420 of the IPC read with IPC 34. I amtold that a report has been filed to deletesection 420 of the IPC. The petitioner is incustody. He seeks bail under Section 439 ofthe Cr.P.C.no.960/2016 of Keezhvaypur police station.The case was registered under sections 376and 420 of the IPC read with IPC 34. I amtold that a report has been filed to deletesection 420 of the IPC. The petitioner is incustody. He seeks bail under Section 439 ofthe Cr.P.C.

2. The prosecution case goes as follows : Thepetitioner and the de facto complainant werein love. They eloped on 23.7.2013. They cameback and resided in her house as husband andwife, although not married. They livedtogether in a rental house for two months.He had sexual intercourse with her duringtheir stay together on the promise that hewould marry her. But he is not prepared tomarry her now. petitioner and the de facto complainant werein love. They eloped on 23.7.2013. They cameback and resided in her house as husband andwife, although not married. They livedtogether in a rental house for two months.He had sexual intercourse with her duringtheir stay together on the promise that hewould marry her. But he is not prepared tomarry her now.

3. Heard the learned counsel for the petitionerand the learned Public Prosecutor.and the learned Public Prosecutor.

4. The allegations against the petitioner arenot simple. There are some materials againsthim in the case diary. But the investigationis almost completed. The petitioner has beeninterrogated.Witnesseshavebeenquestioned. The potency test was conducted.The petitioner is in custody since5.12.2016. His further detention is notrequired for completion of the remainingportion of the investigation. For the abovereasons, I am inclined to grant bail to thepetitioner under section 439 of the Cr.P.C.not simple. There are some materials againsthim in the case diary. But the investigationis almost completed. The petitioner has beeninterrogated.Witnesseshavebeenquestioned. The potency test was conducted.The petitioner is in custody since5.12.2016. His further detention is notrequired for completion of the remainingportion of the investigation. For the abovereasons, I am inclined to grant bail to thepetitioner under section 439 of the Cr.P.C.

In the result, the application isallowed. The petitioner shall be released onbail on his executing a bond for Rs.40,000/-with two solvent sureties for the like sumeach to the satisfaction of the learnedMagistrate having jurisdiction to commit thecase to the Court of Session. The petitionershall co-operate with the investigation. Heshallmakehimselfavailablefor

interrogation as and when required by theinvestigating officer for a period of twomonths or till the filing of the finalreport, whichever is earlier. The petitionershall not intimidate witnesses or try toinfluence them. Nor shall the petitionerdestroy evidence or tamper with it. He shallsurrender his passport before the learnedMagistrate within two days from the date ofrelease. If the petitioner does not possessa passport, he shall file an affidavit tothat effect within two days of his release.The learned Magistrate is hereby empoweredto cancel the bail in the event of breach ofany of the conditions mentioned above.

Sd/-

A.M.BABU Judge

Mrcs/30.12.2016

//True copy//

P.S to Judge

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