Sreeraj v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 Bail Appl..No. 4534 of 2015 () ------------------------------- CRIME NO. 1218/2015 OF MUVATTUPUZHA POLICE STATION,ERNAKULAM DISTRICT --------------------- PETITIONER/ACCUSED:
--------------------------------------- SREERAJ, AGED 25 YEARS, S/O. SUKUMARAN, PAZHAYIDATHU HOUSE, RAMANGALAM KARA, RAMANGALAM VILLAGE, NETTUPADAM BHAGAM, MUVATTUPUZHA.
BY ADVS.SRI.S.RENJITH SRI.S.UNNIKRISHNAN (NELLAD) RESPONDENT/COMPLAINANT :
---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
---------------------------- B.A. No.4534 of 2015 ----------------------------------------- Dated this the 3rd day of August 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2. Petitioner is accused in Crime No.1218 of 2015 of Muvattupuzha Police station registered for the offences under Secs.363 and 376 of the Indian Penal Code and Sec.3(a) read with Sec.4 of the Protection of Children from Sexual Offences Act. The prosecution case is that he abducted a girl aged 17 years belonging to a scheduled caste and had sexual intercourse with her.
3. Heard both sides.
4. The victim was on the verge of attaining majority. It appears that she and the petitioner was in love. The petitioner has been in custody since 02.07.2015.
5. Having regard to the facts of the case and the period of custody, I am inclined to grant the prayer of the petitioner.
In the result, the bail application is allowed.
1) The petitioner will be released on bail
B.A. No.4534 of 2015 2 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 concerned.
2) 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.
3) 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.
4) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
5) The petitioner shall not intimidate or attempt to influence the witnesses.
6) The petitioner shall co-operate with investigation of the case.
B.A. No.4534 of 2015 3 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
K. ABRAHAM MATHEW JUDGE NS