Anith v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Bail Appl..No. 164 of 2015 () ------------------------------ CRIME NO. 2359/2014 OF NJARAKKAL POLICE STATION, ERNAKULAM DISTRICT -------------- PETITIONER/ACCUSED :

------------------------------------ ANITH, AGE 18/14 S/O. PRAMOD, PALISSERY HOUSE, SAID MUHAMMED ROAD EDAVANAKKAD KARA, EDAVANAKKAD VILLAGE.

BY ADVS.SRI.P.MOHAMMED ANZARI SRI.S.ANANTHA KRISHNAN RESPONDENT/COMPLAINANT :

---------------------------------------------- STATE OF KERALA REP. BY S.H.O., NJARACKAL POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW,J.

----------------------------------------------- Bail application No.164 of 2015 ----------------------------------------------- Dated this the 13th day of January, 2015

O R D E R

Petition filed under Section 439(1) Cr.P.C.

2. Petitioner is the 3rd accused in Crime No.2359 of 2014 of Njarackal Police Station registered for the offence under Section 377 read with Section 34 of the Indian Penal Code and Section 7 read with Section 8 of the POCSO Act.

3. He has been in custody since 15.12.2014. It is submitted that the co-accused have already been granted bail.

4. Heard both sides.

5. The petitioner is aged only 18 years. The co-accused have already been granted bail. The case of the petitioner also stands on the same footing. There is no reason to deny him alone bail. In the result, the application is allowed.

1. 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 learned Magistrate concerned.

2. One of the sureties shall be one of his parents.

B.A. No.164 of 2015

3. Petitioner shall appear before the investigating officer between 10.30 a.m. and 11.30 a.m. on every Friday for four months, or till the final report is filed, whichever is earlier.

4. He shall not get himself involved in any other criminal case.

5. He shall not intimidate or attempt to influence the witnesses.

6. In case of violation of any of the conditions, the court below is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE //true copy// P.A. To Judge smv