Reji, S/O.Thankachan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 Bail Appl..No. 4886 of 2015 -------------------------------------- CRIME NO. 799/2015 OF VALLIKUNNAM POLICE STATION , ALAPPUZHA -------------------- PETITIONER(S)/ACCUSED:
-------------------------------------- REJI, S/O.THANKACHAN, AGED 35 YEARS, KARIPURATHU VEEDU, NEAR PRAKURISU, KATTAANAM MURI, KATTANAM VILLAGE.
BY ADV. SRI.VIPIN NARAYAN RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- 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 17-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4886 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2015
O R D E R
Petition filed under Section 439 Cr.P.C 2.
Petitioner is the accused in Crime No.1134 of 2015 of Vallikunnam Police Station, Alappuzha District. He is said to have committed the offences under Sections 354B and 323 of Indian Penal Code.
3.
The prosecution case is that at 11 a.m on 13.07.2015 he caught hold of the victim who is a married woman and outraged her modesty.
4.
Heard.
5.
The learned counsel submits that it was a consensual act and the case happened to be registered because a neighbour happened to see it. The petitioner has been in custody since 29.07.2015. His further detention is not necessary for competition of the investigation.
In the result, this 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 concerned.
B.A. No.4886 of 2015
2) He shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday for three months.
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 destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
6) He shall not intimidate or attempt to influence the witnesses.
7) He shall not enter the local limits of Vallikunnan police station till the conclusion of the investigation except for complying with the direction in this order. 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 R.AV