Bipin Kuriakose 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. 3686 of 2015 () ------------------------------- CRIME NO. 310/2015 OF IRINJALAKUDA POLICE STATION, TRISSUR DISTRICT ------- PETITIONER/16TH ACCUSED :

---------------------------------------- BIPIN KURIAKOSE, AGED 27 YEARS, S/O.KURIAKOSE, VALLATHUKARAN HOUSE, NEDUMBASSERY, CHENGAMANAD VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.JOSHI N.THOMAS RESPONDENTS :

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

2. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, IRINJALAKUDA PIN: 680 121.

R1 & R2 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:

bp

K. ABRAHAM MATHEW, J.

==================== - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is said to have committed the offences under Sections 368 and 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case is that he kidnapped a minor girl and committed rape on her. 3.

Heard.

4.

Learned counsel submits that the co-accused have already been granted bail and the petitioner also may be granted bail. He has been in custody since 08.05.2015. 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.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

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2) The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. on every Wednesday for three months, or till the final report is filed, whichever is earlier.

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

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

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

6)He shall not attempt to contact or communicate with the victim.

7)The petitioner shall not enter Mukundapuram Taluk till the conclusion of the trial, except for appearing before the court or complying with the direction in this order.

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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