Asif Ali @ Sachidanandan 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. 3158 of 2015 -------------------------------------- CRIME NO. 145/2015 OF PANAMARAM POLICE STATION , WAYANAD ----------------- PETITIONER(S)/1ST ACCUSED:
------------------------------------------- ASIF ALI @ SACHIDANANDAN, AGED 43 YEARS, S/O.NAGAPPAN, PUTHENTHOTTATHIL HOUSE, CHERUKATHUR AMSOM, KEENJAKADAVU, MANANTHAVADY TALUK, WAYANAD DISTRICT, (PERMANENTLY RESIDING AT KAMESWARAM SIVAN KOVIL ROAD, KAMESWARAM AMSOM, TAMIL NADU).
BY ADV. SRI.V.SHYAM RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, (REP.BY S.I.OF POLICE, PANAMARAM POLICE STATION, CRIME NO.145/2015), REP.BY 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: PJ
K. ABRAHAM MATHEW, J.
==================== B.A.No. 3158 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 sections 452, 341, 323, 324, 354-B and 506(ii) read with 34 IPC and sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution case is that he trespassed into the victim's house, wrongfully restrained her and assaulted her.
3.Heard.
4. The petitioner has been in custody since 06.05.2015. 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
B.A.No. 3158 of 2015 ::2::
between 10.30 a.m and 11.30 a.m. on alternate Friday for three months, or till the final report is filed, whichever is earlier.
3) The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.
4) 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.
5) The petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
6) 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