Riyaz v. S.I. Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 Bail Appl..No. 5183 of 2015 () ------------------------------- CRIME NO. 674/2015 OF PALODE POLICE STATION, THIRUVANANDAPURAM ------------------ PETITIONER/ACCUSED :

-------------------------------- RIYAZ, AGED 25 YEARS, S/O. SHANAVAS, DILSHAD MANZIL, PARAKULAM, THAZHUTHALA, KOTTIYAM, KOLLAM BY ADVS.SRI.R.KRISHNA RAJ SRI.BIJITH S.KHAN SMT.E.S.SONI RESPONDENT/COMPLAINANT/STATE :

----------------------------------------------------- S.I. OF POLICE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

A. HARIPRASAD, J.

==================== B.A.No.5183 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the sole accused in Crime No. 674 of 2015 of Palode Police Station, registered for offences punishable under Sections 366(A), 384 of the Indian Penal Code and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. 3.

It is alleged that the petitioner being the teacher of a minor girl studying in 10th standard, developed intimacy with her and sexually exploited her advancing a promise to marry her. 4.

Heard both sides.

5.

Petitioner pleaded innocence. Petitioner was arrested on 03.07.2015.

6.

Learned Public Prosecutor submitted that statement under Section 164 Cr.P.C. of the victim was recorded and the material witnesses have been questioned.

Therefore, bail is granted to the petitioner with following strict conditions:

1)The petitioner shall 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

B.A.No. 5183 of 2015 -: 2 :- Magistrate having jurisdiction.

2)The sureties shall produce documents to establish their identity and solvency. The learned trial Judge need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3)The petitioner shall appear before the Investigating Officer on all Sundays between 10 a.m and 11 a.m. until the final report is filed.

4)The petitioner shall not indulge in any offence while on bail.

5)The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petition, the learned Magistrate is free to cancel the bail without referring the matter to this Court.

Sd/- A. HARIPRASAD, JUDGE DST //True copy// P.A. To Judge