Dileep v. The Sub Inspector , Kodumon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 Bail Appl..No.1669 of 2015 ------------------------------------- CRIME NO.1135/2014 OF KODUMON POLICE STATION,PATHANAMTITTA. ..
PETITIONER/ACCUSED:
----------------------------------- DILEEP,AGED 22 YEARS,S/O.HARICHANDRAN NAIR, KUZHIVILAYIL HOUSE,KODUMON P.O, KONNI TALUK,PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.V.SETHUNATH SRI.V.R.MANORANJAN (MUVATTUPUZHA) RESPONDENT'S/COMPLAINANT /STATE:
----------------------------------------------------------- 1.
THE SUB INSPECTOR,KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT,PIN-689 649 2.
STATE OF KERALA,REPRESENTEDBY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN-682030 R1& R2 BY PUBLIC PROSECUTOR SMT.R.REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K. ABRAHAM MATHEW, J.
==================== B.A. No. 1669 of 2015 ==================== Dated this the 4th day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is the second accused in Crime No. 1135 of 2014 of Kodumon Police Station. The prosecution case is that he along with the co-accused assaulted the victim, a college going girl and outraged her modesty and thus committed the offences under sections 323, 324, 354, 354(A)&(B) read with 34 of IPC and sections 11, 12, 17 of the Protection of Children from Sexual Offences Act, 2012.
3. Heard.
4. It is seen from the case diary that there is no specific allegation against the petitioner having committed any overt act. It is true that he was present at the place of occurrence. In this circumstance, I am inclined to grant his prayer. In the result, this 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
B.A. No. 1669 of 2015 ::2::
he is arrested by the Police in connection with this case.
2) He shall not destroy or tamper with evidence.
3) He shall appear before the Investigating Officer between 10 a.m. to 11a.m. every Wednesday for two months or till the final report is filed, whichever is earlier.
4) He shall not get himself involved in any other criminal case which he is on bail.
5) He shall not intimidate or attempt to influence the witnesses.
6) He shall not destroy or tamper with evidence.
7) He shall not harass the de facto 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 DST //True Copy// P.A. To Judge