Kannan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Bail Appl..No. 1862 of 2015 () ------------------------------- CRIME NO. 108/2015 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT --------------------- PETITIONER :

------------------ KANNAN, AGED 41 YEARS, S/O.KARUPPAN, ANNANCHERRY PARAMBU, SHORNUR, PALAKKAD DISTRICT BY ADV. SRI.P.JAYARAM RESPONDENT :

-------------------- 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 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 294(b), 323, 354, 452 and 509 of Indian Penal Code.

3.

The allegation against him is that he trespassed into the courtyard of the first informant, uttered obscene words, outraged her modesty and showed obscene gestures and exhibited his nakedness.

4.

Heard.

5.

The learned counsel submits that the allegations are false. The petitioner is a neighbour of the first informant. The members of the family of the first informant assaulted him and he was admitted to hospital, according to the learned counsel. He has produced wound certificate showing that he sustained some injuries. The fact that he sustained injuries cannot be denied. So I am inclined to grant anticipatory bail.

In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.Fifty thousand only with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case. 2) He shall not cause any disturbance to the first informant or members of her family.

3) He shall appear before the Investigating Officer between 10 am and 11 am on every Friday for three months or till the final report is filed, whichever is earlier.

4) He shall not destroy or tamper with evidence. 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 R.AV //True Copy// PA to Judge