Vishnu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 Bail Appl..No. 4672 of 2015 () ------------------------------- CRIME NO. 877/2015 OF VADANAPPALLY POLICE STATION, TRISSUR ------------------ PETITIONER /ACCUSED IN CUSTODY :

----------------------------------------------------- VISHNU, AGED 21 YEARS, S/O PREMAN, NARANATH HOSUE, MANAPPAD DESOM, VADANAPILLY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.

BY ADV. SRI.RAJIT RESPONDENT :

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

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

---------------------------- B.A. No.4672 of 2015 -------------------------------------------- Dated this the 7th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.877 of 2015 of Vadanapilly Police station registered for the offences under Secs.363, 366A 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 kidnapped a girl aged 17 years and had sexual intercourse with her.

3. Heard both sides.

4. Learned counsel submits that the petitioner and the victim were in love and they have decided to marry to which, their parents have agreed.

5. The petitioner has been in custody since 18.07.2015. His further detention is not necessary for completion of the investigation. So I am inclined to grant the prayer of the petitioner.

In the result, the bail application is allowed.

B.A. No.4672 of 2015 2

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 concerned.

2) He shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every alternate Wednesdays for two months or till the final report is filed, whichever is earlier.

3) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

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

5) He shall not contact or communicate with the victim till she attains majority.

6) He shall not destroy or tamper with

B.A. No.4672 of 2015 3 evidence nor shall he get himself involved in any other criminal case.

7) He shall not intimidate or attempt to influence the witnesses.

8) He 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.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge