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Rateesh vs Sub Inspector Of Police on 15 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940

Bail Appl..No. 1723 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 235/2019 of DISTRICT
COURT SESSIONS COURT,THRISSUR

CRIME NO. 59/2019 OF Ollur Police Station , Thrissur

PETITIONER/S:

1 RATEESH
AGED 37 YEARS
S/O. BHASKARAN, KUNNAPPILLY HOUSE, CHERUKKUNNU
DESAM, VETTUKAD VILLAGE, THRISSUR DISTRICT

2 GIRISH
AGED 44 YEARS
S/O. BHASKARAN, KUNNAPPILLY HOUSE,
CHEMBAKANDAM DESAM, PONNUKKARA VILLAGE,
THRISSUR DISTRICT

BY ADV. SRI.M.J.POLLY

RESPONDENT/S:
SUB INSPECTOR OF POLICE, OLLUR POLICE STATION
OLLUR POLICE STATION, THRISSUR DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.03.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
::2::
Bail Appl..No. 1723 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.1723 Of 2019
———————————
Dated this the 15th day of March, 2019.

ORDER

The petitioners are accused Nos.1 4 in Crime No.59/2019

of Ollur Police Station, Thrissur District, which has been registered

for offences punishable under Secs.323, 294(b), 498A, 354(A),

354(B), 376 506 r/w Sec.34 of the I.P.C. Accused Nos.2, 3, 5

have already been granted anticipatory bail by the Sessions Court

concerned as per Anx-A1 order dated 26.2.2019.

2. The brief of the prosecution allegation is that the lady

defacto complainant, who is the wife of the 1 st petitioner/A-1, has

been subjected to physical and mental harassment and that the

2nd petitioner/A-4, who is the brother of the 1 st petitioner, had

committed rape on her some time in the year 2017. It is stated that

FI statement has been given by the lady defacto complainant on

10.1.2019 which is in respect of the alleged incident which has

taken place in the year 2017 and further that FI statement and FIR

has been lodged much after she had filed Anx-A2 M.C.No.7/2019

before the Family Court, Palakkad, on 26.12.2018.

::3::

Bail Appl..No. 1723 of 2019

3. Having regard to the facts and circumstances disclosed

in this case, the following orders an directions are passed:

(i) The petitioners (A1 A4) shall personally appear
before the Investigating Officer in respect of the
abovesaid Crime at 10:00 a.m. on 30.3.2019 to
subject themselves for interrogation.

(ii) The Investigating Officer will conduct the
interrogation on the same day. If the interrogation
process is not completed on the same day, the
Investigating Officer will be at liberty to direct the
petitioners to appear before him for further
interrogation on the next day or any day fixed by
him, which the petitioners has to comply with.

(iii) After completing the above interrogation process,
in case the Investigating Officer records the arrest
of the petitioners, then they shall be released on bail
on their executing a bond for Rs.40,000/- (Rupees
Fourty Thousand only) and on furnishing two
solvent sureties for the like sum each to the
satisfaction of the Investigating Officer concerned.
Further it is also ordered that it will be subject to
following conditions:-

(a) The petitioners shall not involve in any criminal
offences of similar nature.

(b) The petitioners shall fully co-operate with the
investigation.

(c) The petitioners shall report before the
Investigating Officer as and when required in
that connection.

(d) The petitioners shall not influence witness or shall
not tamper or attempt to tamper evidence in any
manner, whatsoever.

(e) Petitioners shall not go anywhere near the
residence of the lady defacto complainant.

If the petitioner does not comply with the directions issued

by this Court to subject to the interrogation process, then the
::4::

Bail Appl..No. 1723 of 2019

benefit of the directions issued by this Court will automatically

stand vacated without any further orders of this Court.

With these observations and directions, the Bail Application

stands disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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