M.SULAIMAN, S/O.MUTHAMMED ISMAYIL versus SUB INSPECTOR OF POLICE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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M.SULAIMAN, S/O.MUTHAMMED ISMAYIL v. SUB INSPECTOR OF POLICE - Bail Appl No. 5085 of 2007 [2007] RD-KL 16299 (22 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5085 of 2007()

1. M.SULAIMAN, S/O.MUTHAMMED ISMAYIL,
... Petitioner

Vs

1. SUB INSPECTOR OF POLICE,
... Respondent

2. STATE OF KERALA REPRESENTED BY

For Petitioner :SRI.P.V.KUNHIKRISHNAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :22/08/2007

O R D E R

R. BASANT, J.

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B.A.No. 5085 of 2007
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Dated this the 22nd day of August, 2007

O R D E R

Application for regular bail. The petitioner faces allegations, inter alia, under Sections 376, 366 and 406 I.P.C. The crux of the allegations against the petitioner is that he induced the defacto complainant, a woman aged about 27 years, allegedly belonging to the Scheduled Caste to believe that he is a Charistian and his name is Shaji Varghese. On such incorrect and false representations she was lead to believe that the petitioner would marry her. She was allegedly taken to Ootty. There the reval contestants had sexual intercourse. Later it was revealed that the petitioner is not a person what he represented to be and that he is involved in several other crimes. The petitioner was arrested on 20.7.2007. He continues in custody from that date.

2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that the petitioner can now be  B.A.No. 5085 of 2007 2 enlarged on bail subject to appropriate terms and conditions. A more detailed discussion of the relevant facts does not appear to be necessary.

3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions.

(a) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) in each case, with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate.

(b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on all Mondays, Wednesdays and Fridays for a period of three months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm 

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