Sarath v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 Bail Appl..No. 2397 of 2015 -------------------------------------- CRIME NO. 428/2015 OF NEDUMANGAD POLICE STATION , THIRUVANANDAPURAM ------------------- PETITIONER(S)/ACCUSED:

------------------------------------- SARATH, AGED 25 YEARS, S/O.SASI, RESIDING AT SARATH BHAVAN, PARIYARAM, KUNNUMPURATHU VEEDU, VENGODU P.O.

THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011) RESPONDENT(S)/STATE:

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

BY PUBLIC PROSECUTOR SMT.REMA. R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

............................................

B.A. No. 2397 of 2015 ............................................... Dated this the 22nd day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is the accused in Crime No.428 of 2015 of Nedumangad Police Station registered for the offences under sections 294(b), 323, 354 and 452 of the IPC.

3. The petitioner is alleged to have committed offences under sections 294(b), 323, 354 and 452 of the IPC. The allegation is that at about midnight he trespassed into the victim's house and assaulted her and outraged her modesty.

4. Heard.

5. The victim did not sustain any external injury other than contusion. Custodial interrogation of the petitioner is not necessary for effective investigation.

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.

B.A. No. 2397 of 2015 ::2::

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 de facto complainant. 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 DST //True copy// P.A. To Judge