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High Court of KeralaBail Appl./1561/2015allowed

K.R.Chandra Babu v. State Of Kerala

2015-03-31Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 Bail Appl..No. 1561 of 2015 () ------------------------------- CRIME NO. 91/2015 OF POTHENCODE POLICE STATION, THIRUVANANDAPURAM DISTRICT --------------- PETITIONER/ACCUSED :

--------------------------------- K.R.CHANDRA BABU, AGED 42 YEARS, S/O.S KRISHNAN NAIR, GEETHA BHAVAN, THANNERSHALA, MARUTHUMMOODU, POTHENCODE P.O, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM DISTRICT 695 584 BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT/STATE :

-------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` B.A. No.1561 of 2015 ````````````````````````````````````````````````````````````` Dated this the 31st day of March, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No.91/2015 of Pothencode Police Station registered for the offences punishable under Section 354A IPC and Section 12 of the POCSO Act.

3.

The allegation against the petitioner is that while he was working as Malayalam Teacher at a School, he made some sexually coloured remarks while teaching the students and caught hold of the hand of a girl. 4.

Heard learned counsel for the petitioner and learned Public Prosecutor and perused the CD. 5.

The contents of the CD do not reveal sufficient grounds to attract the offences alleged in the matter. Considering the facts and circumstances of the case, I do

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not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner. 6.

In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, 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 07.04.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

(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

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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/31/03 // True Copy // PA to Judge