Sijimon @ Shijan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Bail Appl..No. 1622 of 2015 -------------------------------------- CRIME NO. 82/2015 OF KALIYAR POLICE STATION , IDUKKI ------------------ PETITIONER(S)/ACCUSED:
-------------------------------------- SIJIMON @ SHIJAN, AGED 41 YEARS, S/O. SOMAN, MARAMTTATHIL HOUSE, MULLARINGADU KARA, VANNAPPURAM VILLAGE, IDUKKI DISTRICT.
BY ADVS.SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
K. ABRAHAM MATHEW, J.
---------------------------- B.A. No.1622 of 2015 -------------------------------------------- Dated this the 28th day of July 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.82 of 2015 of Kaliyar Police station registered for the offences under Secs.294(b), 323, 354 and 447 of the Indian Penal Code. The prosecution case is that he trespassed into the property of the victim, uttered obscene words, assaulted her and outraged her modesty.
3. Heard both sides.
4. Having regard to the nature of the allegations, it appears that custodial interrogation of the petitioner is not necessary for effective investigation. So I am inclined to grant the prayer of the petitioner. In the result, the 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
B.A. No.1622 of 2015 2 if he is arrested by the Police in connection with this case.
2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Wednesday for two months or till the final report is filed, whichever is earlier.
3) The petitioner shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.
4) The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) The petitioner shall not enter the house in which the first informant is residing.
6) The petitioner shall not contact or communicate with the first informant, except with the permission of the trial court
B.A. No.1622 of 2015 3 concerned.
7) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
8) The petitioner shall not intimidate or attempt to influence the witnesses.
9) The petitioner shall co-operate with investigation of the 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.
If the petitioner surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge