Syamkumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 Bail Appl..No. 1834 of 2015 () ------------------------------- CRIME NO. 332/2015 OF PUTHOOR POLICE STATION, KOLLAM DISTRICT --------------------------- PETITIONER/ACCUSED :
------------------------------------ SYAMKUMAR, 25 YEARS S/O. SASIKUMAR, SYAM BHAVAN, NEAR KOZHIPPALAM S N PURAM MURI, PAVITHRESWARAM VILLAGE.
BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY RESPONDENT/STATE :
---------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.1834 of 2015 ````````````````````````````````````````````````````````````` Dated this the 6th day of April, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the accused in Crime No.332/2015 of Puthoor Police Station registered for the offences punishable under Sections 323 and 354 IPC.
3.
The allegation against the petitioner is that on 20.03.2015 at 12 noon while the de facto complainant woman was walking through the road, the petitioner came by a scooter, caught on her right shoulder and when she obstructed, he kicked her down by kicking on her back, thereby outraging her modesty. The petitioner has been in custody for the period from 22.03.2015 onwards. 4.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
5.
The learned Public Prosecutor submits that the
BA.1834/2015 : 2 :
petitioner is an accused in crime Nos.1007/2012 and 371/2015 of Puthoor Police Station under Section 107 Cr.P.C. 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 Mondays and Thursdays commencing from 13.04.2015 for a period of six months.
BA.1834/2015 : 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/06/04 // True Copy // PA to Judge