Sunil @ Thomas Varghese v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Bail Appl..No. 2657 of 2015 --------------------------------------- CRIME NO. 1807/2014 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT ------------------ PETITIONER(S)/ACCUSED :

----------------------------------------- SUNIL @ THOMAS VARGHESE, AGED 45 YEARS, S/O.ABRAHAM VARGHESE, KAICHIRA THADATHIL, CHEMPANARUVY, PIRAVANTHOOR VILLAGE, KOLLAM.

BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S)/COMPLAINANT :

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

2. SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2657 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner has been in custody since 26.11.2014. He is charged with having committed the offences under Sections 3(a) read with Sections 4 & 5 (1) (m) (n) read with Section 6 of the Protection of Children from Sexual Offences Act.

3.

The learned counsel submits that as his detention is not necessary for investigation he may be granted bail.

4.

Heard.

5.

It appears that trail has not yet started though final report was filed in 2014. So, I am inclined to grant his prayer.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

B.A. No.2657 of 2015 2.

He shall not threaten or attempt to influence the witnesses, nor shall he, while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 3.

He shall not enter Kollam and Pathanamthitta districts except for appearing before the court in this case and for other purposes as may be directed by the learned Sessions Judge.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge