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High Court of KeralaBail Appl./4477/2015allowed

Jineesh v. State Of Kerala

2015-07-30Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Bail Appl..No. 4477 of 2015 () ------------------------------- CRIME NO. 205/2015 OF MEPPADI POLICE STATION, WAYANAD DISTRICT --------------------- PETITIONER/ACCUSED (UNDER CUSTODY) :

----------------------------------------------------------------- JINEESH S/O.RAMAKRISHNAN, AGED 31 YEARS VACHAPPAYIL HOUSE, THINAPURAM MUPPAINADU VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT.

BY ADV. SRI.ANEESH JOSEPH RESPONDENT/COMPLAINANT & STATE :

----------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.

BY PUBLIC PROSECUTOR SMT. REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4477 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is said to have committed the offences under Sections 376, 354, 323 and 506(2) of the Indian Penal Code.

3.

The prosecution case is that he trespassed into the house of the victim aged 11 years and committed rape on her.

4.

Heard.

5.

He has been in custody since 08.05.2015. It is submitted the final report has already been filed. His further detention is not necessary.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself

B.A. No. 4477 of 2015 involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.

3.

He shall not contact or communicate with the victim or her relatives.

4.

He shall not enter Vythiri taluk till the conclusion of the trial.

5.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 6.

He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

7.

He shall not harass the defacto complainant or her relatives.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge