Sathyan 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. 4957 of 2015 -------------------------------------- CRIME NO. 893/2015 OF ANTHIKAD POLICE STATION, TRISSUR ------------------ APPLICANT(S)/ACCUSED:

------------------------------------- SATHYAN, AGED 42 YEARS, S/O. RAMAN, KATTUNGAL HOUSE, CHAZHUR, THRISSUR DISTRICT.

BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.V.C.SARATH SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4957 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No. 893 of 2015 of Anthikkad Police Station. He is accused of having committed the offences under Sections 323, 341 and 354 of the Indian Penal Code.

3.

The prosecution case is that he wrongfully restrained the victim, assaulted her and outraged her modesty. 4.

Heard.

5.

It appears that this is essentially an assault case. So, I am inclined to grant anticipatory bail to the petitioner. In the result, this application is allowed.

1)The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only)with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2)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

B.A.No. 4957 of 2015 -: 2 :- of his release.

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

4)He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

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

6)He shall not destroy or tamper with evidence. 7)He shall not get himself involved in any other criminal case while he is on bail.

8)He shall not harass the de facto complainant or her relatives.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

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 DST //True copy// P.A. To Judge