Muhammed Haris v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Bail Appl..No. 2125 of 2015 ----------------------------------------- CRIME NO. 124/2015 OF MANKADA POLICE STATION, MALAPPURAM DISTRICT --------------- APPLICANT(S)/ACCUSED :

---------------------------------------- MUHAMMED HARIS, AGED 25 YEARS, S/O.ABDUL AZEES, PADIKKAPPARAMBATH HOUSE, VADAKANGARA, MANKADA-P.O, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI RESPONDENT(S)/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.2125 of 2015 ------------------------------------------- Dated this the 15th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.124 of 2015 of Mankada Police Station allegedly committed the offence under Sections 448 and 354 (A) IPC and Section 7 and 8 of the Protection of Children from Sexual Offences Act. Prosecution case is that he trespassed into the victim's house and caught hold of her by her hand.

3. Heard.

4. The First Information Statement shows that the petitioner and the victim were in love. The victim is aged about 16 years only. Having regard to the nature of the allegation I think custodial interrogation of the petitioner is not necessary. In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.Twenty five 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 appear before the Investigating Officer for interrogation if he is so required by him in writing.

3) He shall not destroy or tamper with evidence.

4) He shall not harass the defacto complainant or her relatives.

5) 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 cms /True copy/ P.S.to Judge