Vijin K. v. Sho Valapattanam Police Station

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.2286 of 2015 ------------------------------------- CRIME NO.451/2015 OF KANNUR TOWN,KANNUR.

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PETITIONER/ACCUSED NO.2:

------------------------------------------- VIJIN.K,S/O.RAMACHANDRAN,AGED 26 YEARS, DRIVER,KIZHAKKE PARAMBATH HOUSE, P.O.SANKARA NELLUR,KUTHUPARAMBA, KANNUR DISTRICT.

BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENT'S/COMPLAINAT & STATE:

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

STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT.

2.

STATE OF KERALA, REPRSENTED BY OUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015,ALONG WITH BA NO.2311/2015 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.Nos. 2286 & 2311 of 2015 ------------------------------------------- Dated this the 15th day of May, 2015 COMMON ORDER Petition filed under Section 439(1) Cr.P.C.

2.

Petitioners are accused in Crime No.451 of 2015 of Kannur Town Police Station registered for the offences under Sections 366(A), 376(D) r/w 34 IPC and Section 3(a)(c) r/w 4,5(g)(i) r/w 6,7 r/w 8 of Protection of Children from Sexual Offences Act and Section 3(2)(v) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act. 3.

It is submitted that they have been in custody since 17.3.2015 and they may be released on bail.

4.

Heard.

5.

The inverstigation is almost complete. Further detention of the petitioners is not necessary.

In the result, this Bail Application is allowed with the following conditions.

i.

The petitioners will be released on bail on their executing a bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the lower court concerned.

B.A.No. 2286 & 2311 of 2015 2 ii.

The petitioners shall appear before the investigating officer between 10.30 a.m and 11.30 a.m on every Friday for three months, or till the final report is filed, whichever is earlier.

iii.

Petitioners shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

iv.

Petitioners shall surrender their passport before the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.

v.

Petitioners shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

vi.

Petitioners shall not attempt to contact or communicate with the victim.

In case of violation the lower court concerned is empowered to cancel the bail in accordance with the law.

K.ABRAHAM MATHEW JUDGE pm