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High Court of KeralaBail Appl./1204/2015allowed

Chandrasekharan v. State Of Kerala

2015-03-06Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 Bail Appl..No. 1204 of 2015 -------------------------------------- * CRIME NO.458/2015 OF MALAMPUZHA POLICE STATION, PALAKKAD DISTRICT * THE NAME OF THE POLICE STATION IS CORRECTED AS "PALAKKAD TOWN SOUTH POLICE STATION" AS PER ORDER DATED 06.03.2015 IN CRL.M.A.NO.1965/2015. -------------------- PETITIONER(S)/ACCUSED :

----------------------------------------- CHANDRASEKHARAN, AGED 44 YEARS, S/O.RAJAGOPALAN NAIR @ MANIYAN NAIR, PLAKKAD HOUSE, MANAPULLIKKAVE, WEST YAKKARA, KUNNATHURMED P.O, PALAKKAD.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY RESPONDENT(S)/STATE :

-------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (CRIME NO.458/2015 OF MALAMPUZHA POLICE STATION, PALAKKAD DISTRICT). BY PUBLIC PROSECUTOR SRI.SREEJITH.V.S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` B.A. No.1204 of 2015 ````````````````````````````````````````````````````````````` Dated this the 6th day of March, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.458/2015 of Palakkad Town South Police Station registered for the offences punishable under Sections 354 and 509 IPC. 3.

The allegation against the petitioner is that on 26.02.2015 at 10.45 p.m., he abused the de facto complainant and her daughter and made some gestures meant for ridiculing women and pushed her on her chest and caught her in public view, thereby outraging her modesty. The petitioner has been in custody for the period from 27.02.2015 onwards.

4.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

5.

No criminal antecedents have been reported

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against the petitioner. It seems that the investigation of this case is practically over. 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.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `25,000/- (Rupees twenty five thousand 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 Fridays and Tuesdays, commencing from 13.03.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

BA.1204/2015 : 3 :

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(iv) 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/06/03 // True Copy // PA to Judge