Kannan vs State of Kerala

Thomas P. Joseph, J.—Petitioner is a 21 year old, B.A final year student allegedly involved in an offence punishable under Sec. 376 of the Indian Penal Code, in Crime No.87 of 2012 of the Kilikoloor Police Station. It is alleged that on a promise to marry the de facto complainant and pretending love to her, petitioner sexually exploiting her since about a year back from 04.02.2012. Later, he wriggled out of the promise to marry her and absconded. Petitioner was arrested on 02.04.2012. His earlier applications for bail were rejected. Learned counsel submits that petitioner has to appear for the final year B.A examination from 23.04.2012 to 05.05.2012 and hence the request for bail.

Learned Public Prosecutor submitted that potency test of petitioner is over but, investigation is not completed. Having regard to the peculiar facts and circumstances of this case including that petitioner has to appear for his final year B.A examination from 23.04.2012 to 05.05.2012 and if he continues to be in custody he may not be able to appear for his examination, I am inclined to grant him bail but subject to stringent conditions.

The bail application is allowed as under:

Petitioner is granted bail and will be released from custody if not required to be detained otherwise on his executing bond for Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for the like sum to the satisfaction of learned Judicial First Class Magistrate, Kollam subject to the following conditions:

(i) The sureties shall produce photocopy of their title deeds and identity cards attested by petitioner''s counsel along with the recent receipt for payment of land revenue.

(ii) Petitioner shall report to the Officer investigating the case on every Sunday between 5 p.m. and 10 p.m. until further orders.

(iii) Petitioner shall report to the Officer investigating the case as and when required for investigation.

(iv) Petitioner shall not enter Mangadu Village until further orders.

(v) Petitioner shall not go beyond Kollam District except with the permission of learned Judicial First Class Magistrate, Kollam.

(vi) Petitioner shall surrender his Passport if any before the learned Magistrate before he is released on bail and in case he has none, file affidavit to that effect before the learned Magistrate before he is released on bail.

It is made clear that in case of violation of any of the above conditions it will be open to the learned Judicial First Class Magistrate, Kollam to cancel the bail granted hereby, as held in P.K. Shaji @ Thammanam Shaji Vs. State of Kerala, .

If any modification, relaxation or lifting of the conditions imposed hereby is required, petitioner may approach the learned Judicial First Class Magistrate, Kollam and if any such application is filed and if the learned Magistrate is satisfied that circumstance warrant such modification, relaxation or lifting conditions, it is open to the learned Magistrate to pass appropriate orders in that regard as held in P.K. Shaji v. State of Kerala (supra).