Jayand v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No. 910 of 2015 -------------------------------------- CRIME NO. 1671/2014 OF EZHUKONE POLICE STATION, KOLLAM DISTRICT ------------------ PETITIONER(S)/ACCUSED NO.1 :

------------------------------------------------ JAYAND, S/O.JAYAPRAKASH, AGED 19 YEARS, SHOBHA BAVANAM, HOUSE, VALIAPADAM, VILAMTHARA P.O.

BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.910 of 2015 -------------------------------------------- Dated this the 12th day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.1671 of 2014 of Ezhukone Police station. He is alleged to have committed the offences under Sec.366A read with Sec.34 of Indian Penal Code and Sec.8 of the Protection of Children from Sexual Offences Act. The prosecution case is that he kidnapped a girl aged 16 years and took her to his house.

3. Heard both sides.

4. A perusal of the First Information Statement shows that the girl aged 161⁄2 years was in love with the petitioner. Her parents used to assault her. One day at her request the petitioner took her to his house on a motor cycle. There was no physical contact between them. It appears that there is a proposal that the petitioner would marry the girl on her attaining majority. Having regard to these facts, I am inclined to

Bail Appl. No.910 of 2015 2 grant the prayer of the petitioner.

In the result, this bail application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2) He shall appear before the Investigating Officer between 10 a.m. to 11a.m. on every second Saturday for six months or till the final report is filed whichever is earlier.

3) He shall not enter the house in which the first informant is residing.

4) He shall not contact or communicate with the first informant except with the permission of the trial court concerned.

5) He shall not destroy or tamper with evidence.

6) He shall not harass the defacto complainant or her relatives.

Bail Appl. No.910 of 2015 3

7) He shall not intimidate or attempt to influence the witnesses.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge