Salahudeen v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 Bail Appl..No. 3987 of 2015 () ------------------------------- CRIME NO. 383/2015 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM ------------------- PETITIONER/ACCUSED:
------------------------------------ SALAHUDEEN, AGED 40 YEARS, S/O.JAMALUDEEN, MUNEER BHAVAN, KURUVILPURAM, POOZHANADU, OTTASEKHARAMANGALAM VILLAGE, KATTAKADA TALUK, THIRUVANANTHAPURAM DIST-695 125. BY ADVS.SRI.SINU.G.NATH SRI.S.M.RAJEEVAN RESPONDENT:
--------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.3987 of 2015 -------------------------------------------- Dated this the 13th day of July 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2. Petitioner is accused in Crime No.383 of 2015 of Arayancode Police station registered for the offences under Secs.323, 354 and 451 of the Indian Penal Code. The prosecution case is that, he trespassed into the property of the victim, assaulted her and outraged her modesty.
3. Heard both sides.
4. It appears that there was a civil dispute between the petitioner and the victim. The victim did not sustain any serious injuries. The nature of the case is such that it is not necessary to detain the petitioner for effective investigation. So I am inclined to grant him anticipatory bail.
In the result, the bail application is allowed.
1) The petitioner shall be released on bail after interrogation on his executing a bond for
B.A. No.3987 of 2015 2 Rs.25,000/- (Rupees twenty five thousand only) 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 between 10.00 a.m. and 11.00 a.m. every alternate Wednesday for three months or till the final report is filed, whichever is earlier.
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.
5) He shall not harass the defacto complainant or her relatives.
6) He shall not enter the victim's properties till the conclusion of the trial.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
B.A. No.3987 of 2015 3 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