Thakkiyekkal Abbaz v. State Of Kerala

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. 1848 of 2015 --------------------------------------- CRIME NO. 615/2015 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT --------------- PETITIONER(S)/ACCUSED :

-------------------------------------------- THAKKIYEKKAL ABBAZ, AGED 43 YEARS, S/O.ALAVIKUTTY, THAKKIYEKKAL HOUSE, CHERUVAYUR P.O., MAPRAM, VAZHAKKAD, MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

(CRIME NO.615 OF 2015 OF VAZHAKKAD POLICE STATION). BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.1848 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2015

O R D E R

Petition filed under Section 439(1) Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Section 376, (2) (i) of Indian Penal Code. 3.

The prosecution case is that he committed rape on a mentally retarded girl.

4.

Heard.

5.

He has been in custody since 06.03.2015. Final report has so far been filed.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2.

He shall appear before the investigating officer between 11 a.m and 12 noon on all the 2nd and 4th Tuesdays for three months, or till the final report is filed, whichever is earlier.

3.

He shall not threaten or attempt to influence

B.A. No.1848 of 2015 the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

He shall not enter Vazhakkad police station until further orders.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge