Jayan v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 Bail Appl..No. 3384 of 2015 () ------------------------------- CRIME NO. 317/2015 OF NEYYARDAM POLICE STATION. ....

PETITIONER/ACCUSED:

----------------------------------- JAYAN, AGED 38 YEARS, S/O.NATRAJAN, MUMARIVILAKAOM, ENCHIVILA, PRASSALLA, NEYYATTINKARA, TRIVANDRUM.

BY ADV. SRI.M.R.SARIN.

RESPONDENTS/STATE/COMPLAINANT:

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

2. THE SUB INSPECTOR OF POLICE, NEYYARDAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3384 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is accused of having committed the offences under Sections 354 and 379 IPC. The prosecution case is that he outraged the modesty of the first informant at a public place and committed theft of her mobile phone, causing her a loss of Rs.2,000/- 3.

Heard.

4.

Learned counsel submits that the allegations are false and the petitioner and the first informant were in love and a false case was got registered as her superior officers happened to notice them together. Having regard to the nature of the allegations, it appears that detention of the petitioner is not necessary.

In the result, this application is allowed.

1)The petitioner shall 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 if he is arrested by the Police in connection with this case.

2)He shall deposit Rs.2,000/- in the trial court within

B.A.No. 3384 of 2015 ::2::

seven days 3)The petitioner shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

4)He shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be.

5)He shall appear before the Investigating Officer between 10 a.m. and 11 a.m. on every alternate Fridays for three months or till the final report is filed, whichever is earlier.

6)He shall not intimidate or attempt to influence the witnesses.

7)He shall not destroy or tamper with evidence. 8)He shall not get himself involved in any other criminal case while he is on bail.

If the petitioner surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

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 DST //True copy// P.A. To Judge