Ravi Raj N.A v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 4226 of 2015 () ------------------------------- CRIME NO. NOT KNOWN TO THE PETITIONER --------------- PETITIONER/ACCUSED :

-------------------------------- RAVI RAJ N.A., AGED 36 YEARS, AMARAGEETHAM HOUSE, NELLOKODE, VANDAZHY P.O., THIRUVANANTHAPURAM(DT) BY ADV. SRI.P.VINODKUMAR RESPONDENT/COMPLAINANT :

------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4226 of 2015 -------------------------------------------- Dated this the 21st day of July 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.668 of 2015 of Mangalapuram Police Station registered for the offences under Sec.4 of the Protection of Children from Sexual Offences Act. The prosecution case is that he sexually abused his 21⁄2 year old daughter.

3. Heard both sides.

4. Learned counsel submits that there are disputes between the petitioner and his wife and she along with her child is residing at a far away place.

5. I have perused the certificate issued by the doctor who examined the child. There were no external injuries, nor was there any evidence of penetration.

6. Having regard to all these facts, 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

B.A. No.4226 of 2015 2 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 arrested by the Police in connection with this case.

2) The petitioner shall appear before the Investigating Officer or interrogation if he is so required by him in writing.

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 contact or communicate with the first informant, except

B.A. No.4226 of 2015 3 with the permission of the trial court concerned.

7) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

8) The petitioner shall not intimidate or attempt to influence the witnesses.

9) The petitioner shall co-operate with investigation of the 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