Seetha v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Bail Appl..No. 4934 of 2015 () ------------------------------- CRIME NO. 480/2015 OF PULPALLY POLICE STATION, WAYANAD DISTRICT. .....

PETITIONER/ACCUSED NO.2:- -------------------------------------------- SEETHA, AGED 37 YEARS, W/O.KANNAN, POOTHOTTATHIL HOUSE, MEENAMKOLLY, PULPALLY, S. BATHERY TALUK, WAYANAD DISTRICT.

BY ADV. SRI.MATHEW KURIAKOSE.

RESPONDENT/COMPLAINANT:-:

----------------------------------------------- STATE OF KERALA, (CRIME NO.480/2015 OF PULPALLY POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is the second accused in Crime No.480 of 2015 of Pulpally Police Station, Wayanad District. She is accused of having committed the offences under Sections 366, 376(2) and 309 of Indian Penal Code and Section 5

(1) read with Section 6 of Protection from Children from Sexual Offences Act.

3.

The prosecution case is that the first accused kidnapped her daughter aged about 17 years and had sexual intercourse with her. It is alleged that the petitioner abetted commission of the offence by the first accused.

4.

Heard.

5.

The learned counsel submits that the allegation is false and the victim eloped with her lover. The petitioner has been in custody since 25.07.2015. Her further detention is not necessary for completion of the

investigation.

In the result, this application is allowed.

1.

The petitioner will be released on bail on her 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.

She shall appear before the investigating officer between 11 a.m and 12 noon every Monday and Thursday for three months, or till the final report is filed, whichever is earlier.

3.

She shall not threaten or attempt to influence the witnesses, nor shall she while on bail, get herself involved in any criminal case; nor shall she destroy or attempt to destroy the evidence or interfere with the investigation.

4.

She shall surrender her passport before the lower court concerned of if she does not have one, she shall file an affidavit to that effect within five days of her release.

5.

She shall not leave India without the previous permission of the court of enquiry or trial court as the case

may be.

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