Sarath v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 Bail Appl..No.2708 of 2015 ------------------------------------- CRIME NO.110/2015 OF PULPALLY POLICE STATION,WAYANAD. ..

PETITIONER/ACCUSED:

----------------------------------- SARATH,AGED 20 YEARS,S/O.GOPALAN, KATTAMPILLIL HOUSE,PAMBRA P.O.

VATTATHANI,IRULAM VILLAGE, BATHERY TALUK,WAYANADU DISTRICT.

BY ADV.SRI.MATHEW KURIAKOSE RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, (CRIME NO.110/2015 OF PULPALLY POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K. ABRAHAM MATHEW, J.

==================== B.A.No. 2708 of 2015 ............................................... Dated this the 8th day of June, 2015

O R D E R

Petition filed u/s.439 Cr.P.C.

2. Petitioner is alleged to have committed the offences under section 376(2) IPC and sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case is that he committed rape on a 15 year old girl, studying in 10th standard.

3.Heard.

4. The petitioner has been in custody since 18.04.2015. His further detention is not necessary for completion of the investigation.

In the result, this application is allowed.

1) The 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 learned Magistrate concerned.

2) The petitioner shall appear before the investigating officer between 10.30 a.m and 11.30 a.m. on every Friday for four

B.A.No. 2708 of 2015 ::2::

months, or till the final report is filed, whichever is earlier.

3) The petitioner shall not enter the territorial jurisdiction of the Pulpally Police Station, except for complying with the direction of this Court, till the final report is filed. 4)The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

5) The petitioner shall surrender his passport before the lower concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release.

6) The petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

7) The petitioner 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. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge