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High Court of KeralaBail Appl./3517/2015allowed

Renuka K.Nair v. State Of Kerala

2015-07-24Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Bail Appl..No. 3517 of 2015 ------------------------------- CRIME NO. 827/2014 OF PATHANAMTHITTA POLICE STATION. .........

PETITIONER/ACCUSED NO.1:

------------------------------------------ RENUKA K.NAIR, D/O. SANTHAMMA, AGED 30 YEARS, RENUKA BHAVAN, VALLIKODE MURI, VALLIKKODE VILLAGE, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR RESPONDENT/COMPLAINANT & STATE:

--------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3517 of 2015 -------------------------------------------- Dated this the 24th day of July 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.827 of 2014 of Pathanamthitta Police station registered for the offences under Secs.363, 366A, 346, 323, 324 and 376(D) of the Indian Penal Code, Sec.3(a) read with Sec.4 and Sec.5(g) read with Sec.6 of the Protection of Children from Sexual Offences Act. She was an advocate clerk. It is alleged that she kidnapped the victim girl aged 16 years and introduced her into prostitution. It is further alleged that the petitioner took the victim to Alappuzha, there also several persons had sexual intercourse with her.

3. Heard both sides.

4. The subsequent investigation has now revealed that the allegation that the victim was taken to Alappuzha is wrong. The petitioner has been in custody since 13.05.2015. Her further detention is not necessary for completion of investigation. So I am inclined to grant

B.A. No.3517 of 2015 2 the prayer of the petitioner.

In the result, the bail application is allowed.

1) The petitioner will be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with to solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the Investigating Officer for interrogation if she is so required by him in writing.

3) The petitioner shall surrender her passport before the lower court concerned or if she does not have the one, file an affidavit to that effect.

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

5) The petitioner shall not enter the house

B.A. No.3517 of 2015 3 in which the first informant is residing.

6) The petitioner shall not contact or communicate with the victim or her relatives, except with the permission of the trial court concerned.

7) The petitioner shall not destroy or tamper with evidence nor shall she get herself involved in any other criminal case.

8) The petitioner shall not intimidate or attempt to influence the witnesses.

9) The petitioner shall co-operate with investigation of the case.

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