Satheesan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 Bail Appl..No. 5129 of 2015 () ------------------------------- CRIME NO. 245/2015 OF MEPPADI POLICE STATION, WAYANAD DISTRICT. ......

PETITIONER/ACCUSED (UNDER CUSTODY):

---------------------------------------------------------------- SATHEESAN, AGED 20 YEARS, S/O.SANKARAN, KALLUMALA HOUSE, KOTTANAD P.O., KOTTAPADY VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT.

BY ADVS.SRI.ANEESH JOSEPH, SRI.NIRMAL V NAIR, SRI.RILGIN V.GEORGE.

RESPONDENT/COMPLAINANT & STATE:

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

BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5129 of 2015 -------------------------------------------- Dated this the 1st day of September 2015

O R D E R

Petition filed under Sec.439 Cr.P.C.

2. Petitioner is accused in Crime No.245 of 2015 of Meppadi Police station registered for the offences under Secs.354A, 376 and 511 of the Indian Penal Code and Secs.7 and 8 of the Protection of Children from Sexual Offences Act. The prosecution case in short is that on 31.05.2015 at about 7.30 p.m., the accused committed sexual assault on the defacto complainant.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned Public Prosecutor submitted that the charge has been filed in this case.

5. The petitioner has been in custody since 02.06.2015. Considering the factum of finality of investigation, bail is granted to the petitioner with the following strict conditions.

i. The petitioner shall be released on bail

Bail Appl. No.5129 of 2015 2 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 having jurisdiction.

ii. The sureties shall produce documents to establish their identity and solvency.

iii. The learned Magistrate need not insist on solvency certificate but there must be sufficient documents to reveal the identity and solvency of the sureties.

iv. The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on every Sunday for three months.

v. The petitioner shall not enter the local limits of Meppadi Police station for a period of six months except for complying with condition no.iv in this order.

vi. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he

Bail Appl. No.5129 of 2015 3 tamper with the evidence.

vii. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge