Jayakumar C v. Sho Peringome Police Station

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No. 3161 of 2015 ----------------------------------------- CRIME NO. 277/2015 OF PERINGOME POLICE STATION, KANNUR DISTRICT ----------------- PETITIONER(S)/ACCUSED NO.6 :

------------------------------------------------ JAYAKUMAR.C., AGED 27 YEARS, S/O.KUMARAN, CHOYI HOUSE, P.O.PURAKKUNNU, PERUNTHATTA, KANNUR DISTRICT.

BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENT(S)/COMPLAINANT & STATE :

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1. STATION HOUSE OFFICER, PERINGOME POLICE STATION, KANNUR DISTRICT.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A. No. 3161 of 2015 ==================== Dated this the 5th day of June, 2015

O R D E R

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

2. The petitioner is alleged to have committed the offences under sections 366(A), 376 read with 34 IPC and section 3(a) read with 4 of the Protection of Children from Sexual Offences Act, 2012. The case is that he kidnapped a child and had sexual intercourse with her and thus committed the offences mentioned above.

3.Heard.

4. Learned counsel submits that there was a proposal for the marriage of the petitioner to the victim. The marriage could not be solemnized because the victim was a child. The petitioner has been in custody for one month. 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

B.A. No. 3161 of 2015 ::2::

learned Magistrate concerned.

2) He shall appear before the Investigating Officer between 11 a.m and 12 noon on all the 2nd and 4th Tuesdays for three months, or till the final report is filed, whichever is earlier.

3) He shall not threaten or attempt to influence the witnesses, nor shall he destroy or attempt to destroy the evidence or interfere with the investigation 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 DST //True Copy// P.A. To Judge