Sasankan v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 Bail Appl..No. 5313 of 2015 ------------------------------- CRIME NO. 1263/2015 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM. ......

PETITIONER/ACCUSED:

------------------------------------------ SASANKAN, S/O.SASIDHARAN, AGED 44 YEARS, KAYALKARA VEEDU, KATTUKULAM, VENNIYOOR DESOM, VENGOOR VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.BREJITHA UNNIKRISHNAN RESPONDENT/STATE:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A No.5313 of 2015 ------------------------------------------------ Dated this the 4th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in Crime No.1263/2015 of Nemom Police Station registered for offences punishable Sections 8, 11 (iv) and 12 of the Protection of Children from Sexual Offences Act.

3.

Prosecution case, in short, is that from a crowded bus, the petitioner sexually abused a boy 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 is a Government employee and he is not involved in any offence so far. This is a false case foisted on him. Considering the stage of investigation and the fact that further detention of the petitioner is not necessary, I am of the view that

B.A No.5313 of 2015 2 bail can be granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned 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 10.00 and 11.00 a.m until 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 petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

A.HARIPRASAD, JUDGE.

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