Sudheesh Kumar v. State Of Kerala

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. 3545 of 2015 () ------------------------------- CRIME NO. 247/2015 OF KANJIRAMKULAM POLICE STATION, NEYYATTINKARA ------------------ PETITIONER/SOLE ACCUSED :

--------------------------------------------- SUDHEESH KUMAR, AGED 40 YEARS, S/O. SUNDARAN, SUDHEESH BHAVAN, KAZHAVOOR P.O., KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK.

BY ADV. SMT.MINI GANGADHARAN RESPONDENT :

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

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K.ABRAHAM MATHEW, J.

------------------------------- B.A. No.3545 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 sole accused in Crime No.247 of 2015 of Kanjiramkulam Police station registered for the offences under Secs.294(b), 323, 354 and 447 and 506(ii) of the Indian Penal Code. The prosecution case is that he trespassed into the property of the victim, uttered obscene words, threatened and assaulted her and outraged her modesty.

3. Heard both sides.

4. The victim sustained only minor injuries. This is essentially an assault case. 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)

B.A. No.3545 of 2015 2 with two solvent sureties each for the like sum if 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 house in which the first informant is residing.

4) He shall not contact or communicate with the first informant, except with the permission of the trial court concerned.

5) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

6) He shall not harass the defacto complainant or her relatives.

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,

B.A. No.3545 of 2015 3 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