Sajeesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 Bail Appl.No. 5266 of 2015 ------------------------------------- CRIME NO. 614/2015 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM .......

PETITIONER(S)/ACCUSED:

-------------------------------------- SAJEESH, AGED 23 YEARS, S/O.SURESH KUMAR, PLAVILA VEEDU, VENPAKAL P.O., ATHIYANNOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT(S):

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

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 9th day of September, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.614 of 2015 of Poovar Police Station registered for the offences punishable under Section 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

3.

Prosecution case is that the petitioner committed rape on a minor girl, aged 17 years. 4.

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

5.

Learned counsel for the petitioner submitted that the petitioner was in love with that girl. He is falsely implicated in this case. He was arrested on 06.07.2015. 6.

Learned Public Prosecutor submitted that all the material witnesses have been questioned.

7.

Considering the nature of allegation and stage

of investigation, the petitioner is released on bail with the following conditions:

(a) The petitioner shall be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

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

(c) The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner

interfere or meddle with the investigation.

(f) Petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge