Skaria v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 Bail Appl.No. 4070 of 2015 ------------------------------------- CRIME NO. 301/2015 OF MALA POLICE STATION, THRISSUR .........
PETITIONER(S)/ACCUSED:
-------------------------------------- SKARIA, AGED 55 YEARS, S/O.JOSEPH, MOLLETHARATHIL KUZHOOR P.O., THUMBARASSERY, MALA, THRISSUR DISTRICT.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S)/STATE:
------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, (CRIME NO.301/2015 OF MALA POLICE STATION, THRISSUR DISTRICT).
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.4070 of 2015 -------------------------------------------- Dated this the 16th day of July 2015
O R D E R
Petition filed under Sec.439 Cr.P.C.
2. Petitioner is accused in Crime No.301 of 2015 of Mala Police station registered for the offences under Secs.7 read with Sec.8 of the Prevention of Children from Sexual Offences Act, 2012. The prosecution case is that he sexually abused a 10 year old girl.
3. Heard both sides.
4. The petitioner has been in custody since 05.06.2015. The investigation is almost complete. His further detention is not necessary for completion of investigation.
In the result, the bail 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
B.A. No.4070 of 2015 2 concerned.
2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Wednesday for four months or till the final report is filed, whichever is earlier.
3) The petitioner shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.
4) The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) The petitioner shall not enter the house in which the first informant is residing.
6) The petitioner shall not harass the defacto complainant or her relatives.
7) The petitioner shall not contact or communicate with the victim or her relatives
B.A. No.4070 of 2015 3 except with the permission of the trial court concerned.
8) The petitioner shall not enter the territorial limits of Mala Police station (except for complying with the direction in this order or with the previous permission of the court concerned) till the conclusion of the investigation or for six months whichever is earlier.
9) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
10) The petitioner shall not intimidate or attempt to influence the witnesses.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge