Sinosh Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl..No. 4956 of 2015 () ------------------------------- CRIME NO. 462/2015 OF NOORANADU POLICE STATION , ALAPPUZHA DISTRICT ---------------------- PETITIONER/ACCUSED A1:

------------------------------------------ SINOSH KUMAR @ HARINARAYANAN NAMPOOTHIRI, AGED 35 YEARS,S/O.ARAVINDAKSHAN, HARISREE HOUSE, CHERUMUKHA, NOORANADU, MAVELIKKARA TALUK.

BY ADVS.SRI.P.BIJIMON SRI.K.T.SEBASTIAN RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4956 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 1st accused in Crime No. 462 of 2015 of Nooranad Police Station. He is said to have committed the offences under Sections 376(2)(f)(i)(n) of the Indian Penal Code and Section 5(n)(i) read with Sections 6, 9(n)(I), 10, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012. 3.

Heard.

4.

He has been in custody since 16.05.2015. He is entitled to be released on bail as final report has not been filed. 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.1,00,000/- (Rupees one lakh only)with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. every Wednesday for four months, or till the final report is

B.A.No. 4956 of 2015 -: 2 :- filed, whichever is earlier.

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

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

5)He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

6)He shall not contact or communicate the victim directly or indirectly, nor he shall enter the premises in which she resides.

7)He shall not enter the local limits of Nooranad Police Station till the conclusion of the trial, except with the previous permission of the court concerned. 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.

H/o.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge