Lijin v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Bail Appl.No. 5081 of 2015 ------------------------------------- CRIME NO.950/2015 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM ...........

PETITIONER(S)/ACCUSED :

--------------------------------------- LIJIN, AGED 23 YEARS, S/O. KUTTAPPAN, PRAKASH BHAVAN, NEAR ECI CHURCH, CHITHANKUZHI, OTTASEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S)/STATE :

------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

(CRIME NO.950/2015 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM DISTRICT).

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 5081 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st 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. 950 of 2015 of Karamana Police Station. He is accused of having committed the offences under Section 306 of the Indian Penal Code and Section (1)(xi) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

A girl aged 19 years committed suicide. She was in love with the petitioner. She belonged to a scheduled caste. The allegation is that he abetted her to commit suicide. 4.

Heard.

5.

The petitioner is aged 23 years. He has been in custody since 23.07.2015. There has been much progress in the investigation. His further detention is not necessary for completion of the 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.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate

B.A.No. 5081 of 2015 -: 2 :- concerned.

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

3)The petitioner 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)The petitioner 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)The petitioner shall not attempt to contact or communicate with the members of the family of the victim directly or indirectly.

7)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.

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