Hilar v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Bail Appl..No. 5684 of 2015 () ------------------------------- CRIME NO. 17/2015 OF VANITHA POLICE STATION, IRINJALAKUDA, THRISSUR DISTRICT ------------------ PETITIONER/ACCUSED:
-------------------------------------- HILAR, AGED 24 YEARS, S/O.HANEEFA, AKKARAPPARAMBIL HOUSE, MUSSAFFIR KUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT/STATE OF KERALA:
------------------------------------------------------ THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VANITHA POLICE STATION, IRINJALAKUDA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN-682 031. BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J.
------------------------------ Bail Appl. Nos.5684 of 2015 -------------------------------------------- Dated this the 29th day of September 2015
O R D E R
Bail application filed under Sec.439 of Cr.P.C.
2. Petitioner is the accused in Crime No.17 of 2015 of Vanitha Police station, Irinjalakuda registered for the offences punishable under Secs.3 read with Secs.4 and 5(i) read with Sec.6 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case is that on 29.04.2015 at about 2.00 a.m. and thereafter many days, the petitioner sexually harassed a minor girl aged 13 years and thereby he has committed the aforesaid offences.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations. Having regard to the stage of investigation and the fact that further detention of the petitioner is not necessary for further investigation, bail is granted to the petitioner with the following conditions.
Bail Appl. Nos.5684 of 2015 2 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 trial court on all posting dates without any fail.
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
Bail Appl. Nos.5684 of 2015 3 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