Manuraj M K 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. 5009 of 2015 --------------------------------------- CRIME NO.389/2015 OF TANNITHODE POLICE STATION , PATHANAMTHITTA DISTRICT ------------------ APPLICANT/ACCUSED :

------------------------------------ MANURAJ M.K., AGED 25 YEARS, S/O.PODIMON, MEPPURATH PARAYIL HOUSE, OMALLOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA.

BY ADV. SRI.AJEESH K.SASI RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY 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:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.5009 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 accused in Crime No.389 of 2015 of Tannithode Police station registered for the offences under Secs.366 and 376 of the Indian Penal Code and Secs.7 and 8 of the Prevention of Children from Sexual Offences Act. The prosecution case is that he kidnapped a girl aged 17 years and had sexual intercourse with her.

3. Heard both sides.

4. The victim was on the verge of attaining majority. The petitioner has been in custody since 14.07.2015. His further detention is not necessary for completion of investigation. So I am inclined to grant his prayer.

In the result, the bail application is allowed.

1) The petitioner will be released on

B.A. No.5009 of 2015 2 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.

2) He shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. every Wednesday for three months or till the final report is filed, whichever is earlier.

3) He shall not contact or communicate with the victim directly or indirectly till the conclusion of the investigation except with the previous permission of the learned Magistrate concerned nor shall he enter the premises in which she resides.

4) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to

B.A. No.5009 of 2015 3 that effect within five days of his release.

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

6) 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 / True Copy / NS P.A. To Judge