M.P.Moosan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 Bail Appl..No. 5532 of 2015 -------------------------------------- CRIME NO. 540/2015 OF IRIKKUR POLICE STATION, KANNUR .......

PETITIONER(S)/ACCUSED:

-------------------------------------- M.P.MOOSAN, AGED 68 YEARS, S/O.KUNHIMAYAN, SHOP VENDOR, KORANPEEDIKAKANDI, AYIPUZHA, IRIKKOOR P.O., KANNUR (DIST.) BY ADVS.SMT.K.DEEPA (PAYYANUR) SRI.V.R.NASAR RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

2. THE SUB INSPECTOR OF POLICE, IRIKKOOR POLICE STATION.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5532 of 2015 -------------------------------------------- Dated this the 23rd day of September 2015

O R D E R

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

2. Petitioner is the accused in Crime No.540 of 2015 of Irikkoor Police station registered for the offence punishable under Sec.7 read with Sec.8 of the Protection of Children from Sexual Offences Act. It is alleged that the petitioner, in the month of June 2015, sexually assaulted two minor girls aged 13 years inside a shop room.

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

4. The investigation has advanced to a considerable extent. The petitioner has been in custody since 19.08.2015. Hence, I am inclined to grant bail to the petitioner with the following conditions.

i. 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

Bail Appl. No.5532 of 2015 2 satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The petitioner shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. on every Monday and Thursday until the final report is filed.

iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

v. 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 NS / True Copy / P.A. To Judge