Anas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 Bail Appl..No. 2077 of 2015 (D) ------------------------------------ CRIME NO. 248/2015 OF ADIMALY POLICE STATION , IDUKKI ------- PETITIONER/ACCUSED:

-------------------------- ANAS, S/O ALIYAR, AGED 22 YEARS, ALAPPURATH HOUSE, MANKADAVU KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE & COMPLAINANT:

--------------------------------------------- 1.

STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2.

SUB INSPECTOR OF POLICE, ADIMALY POLICE STATION, IDUKKI DISTRICT-685586. BY PUBLIC PROSECUTOR SMT.SHEEBA M.T.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

------------------------------------------------ ------------------------------------------------ Dated this the 21st day of April, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C for anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents. C.D. produced.

3. The petitioner is the accused in Crime No.248 of 2015 of Adimaly Police Station. The offences alleged are under Section 354 of the Indian Penal Code and under Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act. Learned counsel for the petitioner submits that the petitioner is aged 21. He has been in love with the de facto complainant. He is innocent of the allegations raised against him. He has no criminal antecedents. The investigation of the case has progressed much. The custodial interrogation of the petitioner is not required in this case. He further submits that the petitioner apprehends arrest by the police at any time.

-24. The Case Diary shows that the investigation of the case has progressed much. Learned Public Prosecutor submits that no criminal antecedents have been reported against the petitioner. On considering the facts and circumstances, stage of the investigation and the facts that the petitioner has no criminal antecedents and he is aged only 21, this Court is satisfied that the petitioner can be granted anticipatory bail imposing appropriate conditions. Therefore, the petitioner is granted anticipatory bail subject to the following conditions:- 1)The petitioner shall surrender before the Investigating Officer on or before 28-04-2015. In the event of his arrest, he shall be released on bail on his executing a bond for 25,000/- (Rupees twentyfive thousand only) with two ₹ solvent sureties each for the like sum to the satisfaction of the investigating officer.

2)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.

3)The petitioner shall make himself available for

-3interrogation as and when required by the Investigating Officer.

4)The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

5)The petitioner shall not commit any similar offence while on bail.

6)The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court. This petition is allowed as above.

Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE