Abdul Majeed 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. 2812 of 2015 -------------------------------------- CRIME NO. 299/2015 OF VAZHAKKAD POLICE STATION, MALAPPURAM ......
PETITIONER(S)/ACCUSED:
-------------------------------------- ABDUL MAJEED, S/O.MOIDEEN, KUNIYIL KOLAPPATTIL VEEDU, VAZHAYOOR P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S)/CLAIMANANT:
---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
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: msv/
K. ABRAHAM MATHEW, J.
---------------------- Bail Appl. No.2812 of 2015 -------------------------------------------- Dated this the 8th day of June 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. The petitioner is alleged to have committed the offences under Secs.448, 354(A) and D, 506 and 509 of Indian Penal Code. The prosecution case is that he trespassed into the house of the first informant, sexually harassed her and exhibited his nakedness, he is also guilty of stalking.
3. Heard both sides.
4. Learned counsel submits that the allegations are false, which is evident from the fact that there has been inordinate delay in informing the police. 5.The alleged incident happened on 04.10.2014. The police was informed only on 04.04.2015. In the first information statement there is no explanation for the delay. Having regard to this suspicious circumstance, I am inclined to grant the prayer of the petitioner. In the result, the application is allowed.
Bail Appl. No.2812 of 2015 2 1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees 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.
2) He shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every alternate Friday for three months, or till the final report is filed, whichever is earlier.
3) He shall not destroy or tamper with evidence.
4) He shall not harass the defacto complainant or her relatives.
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 / True Copy / NS P.A. To Judge