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High Court of KeralaBail Appl./3542/2015allowed

Dileep v. State Of Kerala

2015-06-26Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 BAIL APPL. NO.3542 OF 2015 () ------------------------------- CRIME NO.668/2015 OF OLLUR POLICE STATION, THRISSUR --------------------------- PETITIONER(S)/ACCUSED:

--------------------- DILEEP, AGED 26 YEARS, S/O MATHAI, PARAPAYIL MALAYIL HOUSE, PALLITHAZHAM DESOM MANNAMANGALAM VILLAGE, THRISSUR TALUK, DISTRICT BY ADV. SRI.V.BINOY RAM RESPONDENT(S)/COMPLAINANT:

------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS

K.ABRAHAM MATHEW, J.

------------------------------- B.A. No.3542 of 2015 -------------------------------------- Dated this the 26th day of June, 2015

O R D E R

-------------- Petition filed under Sec.438 Cr.P.C.

2. Petitioner is the accused in Crime No.668 of 2015 of Ollur Police station registered for the offences under Secs.294(b), 323, 354 and 448 of the Indian Penal Code. The prosecution case is that he trespassed into the victim's house, assaulted his aunt and outraged her modesty.

3. Heard both sides.

4. The facts of the case indicate that this is essentially an assault case. The allegations are not serious. So I am inclined to grant the prayer of the petitioner.

In the result, the bail application is allowed. 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

B.A.No.3542 of 2015 2 he is arrested by the Police in connection with this case.

2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

3) He shall not enter the victim's properties.

4) He shall not destroy or tamper with evidence.

5) He shall not intimidate or influence the witnesses nor shall he get himself involved in any other criminal 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.

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

Sd/- K.ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge