Thomas Pal S. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3854 of 2015 ------------------------------- CRIME NO. 383/2015 OF POTHENCODE POLICE STATION, TRIVANDRUM DISTRICT. ..........

PETITIONER:

------------------- THOMAS PAL S., S/O SIVARAMAN, AGED 50, 'VASANATHAM', PULIYANCODE JN., AYYIROORPARA P.O., THIRUVANANTHAPURAM-695584.

BY ADV. SRI.T.I.UNNIRAJA RESPONDENTS:

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

2. THE S.I. OF POLICE, POTHENCODE POLICE STATION, POTHENCODE, THIRUVANANTHAPURAM-695584.

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

mbr/

K. ABRAHAM MATHEW, J.

------------------------------- B.A. No.3854 of 2015 -------------------------------------- Dated this the 7th day of July, 2015

O R D E R

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

2. Petitioner is the accused in Crime No.383 of 2015 of Pothencode Police station registered for the offences under Secs.294(b), 323 and 354 of the Indian Penal Code. The prosecution case is that he uttered obscene words, assaulted the victim with hands and outraged her modesty.

3. Heard both sides.

4. It essentially appears to be an assault case. The allegations are not very serious. The detention of the petitioner is not necessary for effective investigation. 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.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum if he is

B.A. No.3854 of 2015 2 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 destroy or tamper with evidence.

4) 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