Sreedharan Pillai v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 Bail Appl..No. 686 of 2015 () ------------------------------ CRIME NO. 32/2015 OF ATTINGAL POLICE STATION, THIRUVANANDAPURAM ---------------- PETITIONER/ACCUSED :
---------------------------------- SREEDHARAN PILLAI, S/O BHASKARAN PILLAI, KODUMONKIZHAKKATHIL VEEDU, CHITTATTINKARA, ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT :
------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.686 2015 ````````````````````````````````````````````````````````````` Dated this the 10th day of February, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the accused in Crime No.32/2015 of Attingal Police Station registered for the offence punishable under Section 8 of the POCSO Act.
3.
The allegation against the petitioner is that on 03.01.2015 at 8 p.m. he committed sexual assault on the 9th year old daughter of the defacto complainant. The petitioner has been in custody for the period from 07.01.2015 onwards.
4.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
5.
It seems that the petitioner is a 64 year old man. No criminal antecedents have been reported against the petitioner. At the same time, the allegation against the
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petitioner is very grave and serious. The continued detention of the petitioner in custody is not required for the continued investigation of this case. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am satisfied that the petitioner can be enlarged on bail on strict conditions.
6.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 17.02.2015 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioner shall not enter the local limits of Attingal Police Station for a period of six months from today.
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(iii) The petitioner shall neither contact the girl or her family members nor make any attempt for the same, either directly or indirectly.
(iv) The petitioner shall not tamper with the evidence or influence witnesses.
(v) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(vi) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- (B.KEMAL PASHA, JUDGE) aks/10/02 // True Copy // PA to Judge