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Aneesh C.D vs State Of Kerala

High Court Of Kerala · Decided on 23 February 2022 · Citation: (2022) 02 KL CK 0213

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 201, 302, 404
RESULT
Allowed
CASE NUMBER
Bail Application No. 943 Of 2022
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Judgment

13 paragraphs · 366 words

Dr. Kauser Edappagath, J

1.

This is an application for regular bail filed by the accused in S.C.No.415/2021 on the file of the Sessions Court, Kozhikode.

2.

The offences alleged against the petitioner are under Sections 302, 404 and 201 of IPC.

3.

The prosecution case in short is that on 23.6.2017 the accused administered alcohol to one Asmabi, had sexual intercourse with her and killed her and thereby committed the offence.

4.

Heard both sides and perused the case diary.

5.

The records would show that during the crime stage, the petitioner was on bail. He appeared at the committal court as well as at the Court of Sessions. He was on bail throughout. However, after framing charge he remained absent and absconded. Coercive steps were initiated as against the accused as well as the sureties. Thereafter he was arrested on 21.4.2021. He is in judicial custody since then.

6.

The petitioner filed an application for regular bail at the court below. The court below dismissed the application on the ground that if he is released on bail, he may not be available during trial. The petitioner is now in judicial custody for the last about eight months. Considering the entire facts and circumstances of the case, I am of the view that bail can be granted on stringent conditions:

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall not commit any offence of like nature while on bail.

(iii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The petitioner shall surrender his passport, if any. If he does not have any passport, he shall file an affidavit to that effect at the court below.

(v) The petitioner shall not leave State of Kerala without the permission of the trial Court.