Nameesh T v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 Bail Appl..No. 5581 of 2015 ------------------------------- CRIME NO. 957/2015 OF KADIRUR POLICE STATION, KANNUR. .........

PETITIONER/ACCUSED:

---------------------------------- NAMEESH T, 24 YEARS, S/O.SALIM, KUNDANCHALIL HOUSE, POST POOKODE, VIA PATHAYAKKUNNU, KUTHUPARAMBA, 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, KADIRUR POLICE STATION.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5581 of 2015 -------------------------------------------- Dated this the 28th 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.957 of 2015 of Kadirur Police station registered for the offences under Sec.376(2)(1) of the Indian Penal Code and Secs.5(1) and 6 of the Protection of Children from Sexual Offences Act. The prosecution allegation is that, on 14.02.2014, the petitioner enticed a minor girl aged 15 years, studying in 10th standard, and sexually assaulted her at her house. The subsequent days also, the petitioner entered the house and had sexual intercourse with her and thereby he had committed the offences punishable under the above said provisions.

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

4. The petitioner was arrested on 16.08.2015. Investigation has advanced to a considerable extent. Considering the entire facts and circumstances of the

Bail Appl. No.5581 of 2015 2 case, bail is granted 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 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 final report is filed.

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

Bail Appl. No.5581 of 2015 3 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 / True Copy / NS P.A. To Judge