Biju T vs. The Sub Inspector Of Police
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Honourable Mr.Justice P.Bhavadasan
Listed On:
9 Nov 2012
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Order Text
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
FRIDAY, THE 9TH DAY OF NOVEMBER 2012/18TH KARTHIKA 1934
Bail Appl..No. 8323 of 2012 () ------------------------------
CRIME NO.411/2012 OF CHEEMENI POLICE STATION, KASARAGOD DISTRICT -------------------------------
PETITIONER(S)/ACCUSED:
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BIJU .T, S/O GOPI .T, AGED 38 YEARS. THEKKE ASHARIKKANDI HOUSE, NELLIKKODE, KOZHIKODE DISTRICT
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S)/COMPLAINANT AND STATE: --------------------------------------------------------------------
- 1. THE SUB INSPECTOR OF POLICE, CHEEMENI POLICE STATION, KASARAGOD DISTRICT.PIN-688 301
- 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH CORUT OF KERALA, ERNAKULAM.PIN-682 031
R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.BHAVADASAN, J
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B.A No.8323 of 2012 --------------------------------------------------- Dated this the 9th day of November, 2012
O R D E R
The petitioner is the accused in Crime No.411/2012 of Cheemeni Police Station for having committed offence punishable under Sections 452, 511 of Section 376 of IPC.
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The allegation against the petitioner is that he had attempted to commit a rape on a lady, who was taking rest after delivering a child.
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The petitioner would say that the allegations against the petitioner are totally false and without any basis and he has been falsely implicated with ulterior motive. He has been in custody from 19.10.2012 and his continued custody is unnecessary.
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The learned Public Prosecutor opposed the petition. It is pointed out that the investigation is not completed.
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After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the CD, it seems that some substance in the complaint of the petitioner. A further probe into the matter is unwarranted at this point of time.
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After taking note of the facts and circumstances and
B.A No.8323 of 2012 : 2:
the fact that the petitioner has been in custody from 19.10.2012 and considering the fact that a good part of the investigation is complete and since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, it is felt that bail can be granted to the petitioner. Accordingly, the petition is allowed and the petitioner is granted bail subject to the following conditions:
i) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the JFCM, Hosdurg.
ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail.
Iii) The petitioner shall report before the Investigating Officer on every Thursday between 9 am and 10 am till final report is laid.
v) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.
vi) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.
P.BHAVADASAN Judge
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