Aneesh M.V 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. 1613 of 2015 () ------------------------------- CRIME NO. 127/2015 OF BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT. .......

PETITIONERS/ACCUSED:

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1. ANEESH M.V., AGED 29 YEARS, S/O.VENU, MANAKKALATHETTA HOUSE, ELOOKKARA, MUPPATHADOM P.O., ERNAKULAM.

2. RAJESH V.G., AGED 31 YEARS, S/O.GOPALAKRISHNA MENON, VALLOPPIL HOUSE, ELOOKKARA, MUPPATHADOM P.O., ERNAKULAM.

BY ADV. SRI.K.V.SABU.

RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.1613 of 2015 -------------------------------------------- Dated this the 12th day of June 2015

O R D E R

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

2. Petitioners are accused nos.1 and 2 in Crime No.127 of 2015 of Binanipuram Police station. They are alleged to have committed the offences under Secs.294(b), 323, 341, 354 read with Sec.34 of Indian Penal Code. The prosecution case is that they uttered obscene words, wrongfully restrained the victim, assaulted her and outraged her modesty.

3. Heard both sides.

4. A perusal of the First Information Statement shows that the allegations are not serious. Custodial interrogation of the petitioner is not necessary for effective investigation. So I am inclined to grant the prayer of the petitioners.

In the result the bail application is allowed. i) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only)

Bail Appl. No.1613 of 2015 2 each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

ii) They shall appear before the Investigating Officer between 10 a.m. to 11a.m. on every Wednesday for two months or till the final report is filed whichever is earlier.

iii) They shall not destroy or tamper with evidence.

iv) They shall not intimidate or attempt to influence the witnesses.

v) They shall not get themselves involved in any other criminal case.

vi) They shall not harass the defacto complainant or her relatives.

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 NS