Soman.K.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 Bail Appl..No. 3878 of 2015 () ------------------------------- CRIME NO. 590/2015 OF ERUMAPETTY POLICE STATION,THRISSUR DISTRICT ------------------ PETITIONER(S)/ACCUSED NO. 1 & 2:

--------------------------------------------------------

1. SOMAN.K.K., AGED 56 YEARS, S/O. KUNJANKUTTY, KOTTAYIL HOUSE, KIRALUR POST, VELUR VILLAGE, THALAPPILY TALUK, THRISSUR DISTRICT.

2. SUBEESH, AGED 28 YEARS, S/O. SOMAN, KOTTAYIL HOUSE, KIRALUR POST, VELUR VILLAGE, THALAPPILY TALUK, THRISSUR DISTRICT. BY ADV. SRI.MAHESH V.MENON RESPONDENT :

---------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, ERUMAPETTY POLICE STATION, THRISUR REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3878 of 2015 -------------------------------------------- Dated this the 8th day of July 2015

O R D E R

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

2. Petitioners are accused nos.1 and 2 in Crime No.590 of 2015 of the Erumapetty Police station registered for the offences under Secs.341, 323, 324, 354 and 294(b) read with Sec.34 of the Indian Penal Code. The prosecution case is that they uttered obscene words, wrongfully restrained the victim, assaulted her and outraged her modesty.

3. Heard both sides.

4. The offences alleged against the petitioners are not very serious. It is essentially an assault case though Sec.354 of IPC has been included. So I am inclined to grant the prayer of the petitioners. In the result, the bail application is allowed. 1) The petitioners shall be released on bail after interrogation on their executing a bond for

B.A. No.3878 of 2015 2 Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2) They shall appear before the Investigating Officer between 10.30 a.m. and 11.30 a.m. on every 2nd Saturday for three months or till the final report is filed whichever is earlier.

3) They shall not destroy or tamper with evidence.

4) They shall not intimidate or influence the witnesses nor shall they get themselves involved in any other criminal case.

5) They shall not harass the defacto complainant or her relatives.

6) They shall not enter the victim's properties. 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 petitioners surrenders before the

B.A. No.3878 of 2015 3 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