Anuraj 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. 2132 of 2015 --------------------------------------- CRIME NO. 124/2015 OF MALA POLICE STATION, TRISSUR ...........

PETITIONER(S)/ACCUSED NO 1:

---------------------------------------------- ANURAJ, AGED 22 YEARS, S/O.RAJAN, MANGATTUTHARAYIL HOUSE, ANNAMANADA DESOM ANNAMANADA POST, THRISSUR-680 741.

BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/COMPLAINT:

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

BY PUBLIC PROSECUTOR SRI.N.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

BABU MATHEW P. JOSEPH, J.

----------------------------------------- B.A.No. 2132 of 2015 ---------------------------------------------- Dated this the 21st day of April, 2015

ORDER

This petition is filed under Section 439 of Cr.P.C. for bail.

2.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.

3.

The petitioner is the 1st accused in crime No.124 of 2015 of Mala Police Station. The offences alleged are under Section 365 read with Section 34 of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act, 2012. The petitioner was arrested on 6.3.2015 and produced before the Court. He was remanded to judicial custody. He continues to be in custody. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He has no

criminal antecedents. He is aged only 22. The investigation of the case has progressed much. He further submits that the continued custody of the petitioner is not required for completing the investigation.

4.

Learned Public Prosecutor, on instructions, submits that the investigation of the case has progressed much. No criminal antecedents have been reported against the petitioner. Custodial interrogation of the petitioner was also over, he further submits. On considering the facts and circumstances, stage of the investigation, age of the petitioner, the period the petitioner has already spent in jail and the fact that no criminal antecedents have been reported against him, this court is satisfied that the petitioner can be granted bail imposing appropriate conditions. Therefore, the petitioner is granted bail subject to the following conditions:

1) The petitioner shall 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 concerned Magistrate's Court.

2) The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Mondays for a period of two months.

3) 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.

4) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

5) The petitioner shall not influence or intimidate the prosecution witnesses nor

shall he attempt to tamper with the evidence for the prosecution.

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

7) The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court.

8) The petitioner shall not enter within the limits of the Mala Police Station for a period of one month from today except for the purpose of reporting before the Investigating Officer as directed in this order.

This application is allowed as above.

BABU MATHEW P. JOSEPH, JUDGE.

DG