Kerala High Court
Bail Appl./9138/2016 of SABU Vs THE STATE OF KERALA on 30 December 2016
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. 9138 of 2016 () ------------------------------- CRIME NO. 1963/2016 OF MALA POLICE STATION , TRISSUR PETITIONER(S)/ACCUSED: --------------------- 1.
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. 9138 of 2016 ()
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CRIME NO. 1963/2016 OF MALA POLICE STATION , TRISSUR
PETITIONER(S)/ACCUSED:
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1. SABU
S/O. THOMAS, AGED 43 YEARS, ARAKKAL HOUSE, ERATTAPPADY DESOM, MADATHUMPADY VILLAGE, THRISSUR
2.MYBI, AGED 32 YEARS, S/O.MYCLE, THEKKANATH HOUSEERATTAPPADY DESOM, MADATHUMPADY VILLAGE, THRISSUR
BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM)
RESPONDENT(S)/STATE:--------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. SUB INSPECTOR OF POLICE MALA POLICE STATION MALA POLICE STATION
R BY ADV.HRITHWIK, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO.9138 OF 2016
APPENDIX
PETITIONERS EXHIBITS
A1-TRUE COPY OF ORDER DATED 14.12.2016 IN CRL M.P. NO.13302/2016 OF THEJUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY
A2-TRUE COPY OF THE ORDER DATED 20.12.2016 IN CRL.M.PNO.2357/2016 OFTHE SESSIONS COURT, THRISSUR
RESPONDENTS EXHIBITS
NIL
TRUE COPY
SKS
P.A TO JUDGE
A.M.BABU, J.
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Dated 30[th] day of December, 2016
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ORDER
Petitioners are the accused in crime no.1963/2016 ofthe Mala police station. It is alleged that the first petitionercommitted offences punishable under Secs 294 (b), 376 and506 of the IPC and under Sec.119 (b) of the Kerala Police Act.It is also alleged that both petitioners committed an offencepunishable under Sec.67 A of the Information TechnologyAct. Petitioners who are in custody seek bail under Sec.439of the Cr.P.C.
2. The prosecution case goes as under: The firstpetitioner did not return the money and gold ornamentstaken by him from the de facto complainant despitedemand. He committed rape on her in 2015 and recordedthe incident using his mobile phone. He blackmailed herwhenever she demanded her money and ornaments back.He handed over the clips recorded by him to the secondpetitioner who transmitted the clips through the social media The prosecution case goes as under: The first called 'WhatsApp'.
3. Heard the learned counsel for the petitioners andthe learned Public Prosecutor.
4. Commission of serious offences is alleged againstthe first petitioner. He is alleged to have committed rape onthe de facto complainant and appropriated her goldornaments and money. The case diary shows that theinvestigation is more or less complete. The final report isnot filed since the report from the Cyber Forensic Cell,Thiruvananthapuram is not received. The petitioners havebeen interrogated. The recovery of gold ornaments andmobile phone has been effected. Both petitioners are incustody since 8.12.2016. It is not necessary to keep themin custody further. For the above reasons, I am inclined togrant them bail.
In the result, the application is allowed. The petitioners shall be released on bail on their executingbonds for Rs.40,000/- each with two solvent sureties for the like sum each to the satisfaction of the Magistrate who has jurisdiction to commit the case to the court of session. Thepetitioners shall co-operate with the investigation. Theyshall make themselves available for any furtherinterrogation as and when required by the investigatingofficer. The petitioners shall not intimidate witnesses or tryto influence them; nor shall they destroy evidence or tamperwith it. The learned Magistrate is hereby empowered tocancel the bail in the event of violation of any of theconditions mentioned above.
sks/30.12.2016
A.M.BABU
Judge