Sunil.V.D 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.2305 of 2015 ------------------------------------- CRIME NO. 467/2014 OF CHITTARIKAL POLICE STATION,KASARGOD. ..

PETITIONER/ACCUSED:

----------------------------------- SUNIL.V.D,AGED 43 YEARS,S/O.DOMANIQUE, VELIYAMKUNNAL HOUSE,PONKAL, POST KANNIVAYAL,CHITTARIKAL, HOSDURG TALUK,KASARAGOD DISTRICT.

BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/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:

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K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No. 2305 of 2015 ---------------------------------------- Dated this the 15th day of May, 2015

ORDER

Application filed u/s.439(1) Cr.P.C.

2. Petitioner is alleged to have sexually abused his daughter aged 15 years. The learned counsel submits that he has been in custody since 10.03.2015 and he may be granted bail.

3. Heard.

4. Final report has already been filed. The petitioner is aged 43 years. The victim is living with her grand mother. I think his further detention is not necessary.

5. In the result, this application is allowed.

1. Petitioner will 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 lower court concerned. 2.Petitioner shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

3.Petitioner shall surrender his passport before the

B.A. No. 2305 of 2015 lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

4.Petitioner shall not leave Kerala without the previous permission of the court of enquiry or trial court as the case may be.

5. Petitioner shall not attempt to contact or communicate with the victim, nor shall he enter the premises in which the victim is residing.

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

K. ABRAHAM MATHEW JUDGE DMR/-