Noufal.T.V 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. 4893 of 2015 () ------------------------------- CRIME NO. 1134/2015 OF TALIPARAMBA POLICE STATION , KANNUR DISTRICT ------------------ PETITIONER/ACCUSED:

--------------------------------------- NOUFAL.T.V., S/O.MOIDEEN,AGED 22 YEARS, THAIVALAPPIL HOUSE, MATTOOL AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT.

BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT/COMPLAINANT:

-------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUTOR, HIGH COURT OF KERALA, THROUGH S.H.O. TALIPARAMBA POLICE STATION, KANNUR DT.

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4893 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 Taliparamba Police Station, Kannur District. He is said to have committed the offences under Sections 376 of Indian Penal Code and Section 3 (a) read with Sections 4, 5 (1) read with Section 6 of Protection of Children from Sexual Offences Act.

3.

The prosecution case is that he had sexual intercourse with the victim who was a minor.

4.

Heard.

5.

The victim was on the verge of attaining majority at the relevant time. The petitioner has been in custody since 01.07.2015. His further detention is not necessary for effective investigation. So I am inclined to grant the prayer of the petitioner.

In the result, this application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five

B.A. No.4893 of 2015 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 if he is so required by him in writing.

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.

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 //True Copy// PA to Judge