Firoz Khan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Bail Appl..No. 5772 of 2015 () ------------------------------- CRIME NO. 547/2015 OF VITHURA POLICE STATION , THIRUVANANTHAPURAM DISTRICT --------------- PETITIONER/ACCUSED:

------------------------------------ FIROZ KHAN, AGED 18 YEARS,S/O.JAFFAR, MUTHIKAVU THADATHARIKATHU PUTHEN VEEDU, PARANDODE NEDUMANGAD TALUK, THIRUVANANTHAPURAM.

BY ADVS.SMT.M.SANTHI SRI.G.RANJU MOHAN RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.SUDHEENDRA KUMAR, J.

------------------------------------------------ ------------------------------------------------- Dated this the 25th day of September, 2015

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No.547 of 2015 of Vithura Police Station registered under Sections 376 of the Indian Penal Code and Sections 7 & 8 of the Protection of Children from Sexual Offences Act, 2012. 3.

The petitioner was arrested on 13.07.2015 and ever since he has been in custody.

4.

Heard.

5.

The learned Public Prosecutor has no serious objection in granting bail to the petitioner. It has been submitted by the learned Public Prosecutor that the second accused had been already granted bail after his arrested and judicial detention. Investigation has been advanced much. The petitioner is aged 18 years. 6.

Considering the facts and circumstances of the

case, including the age of the petitioner and also the period of detention of the petitioner, I am inclined to grant bail to the petitioner.

In the result, this petition stands allowed and the petitioner shall be enlarged on bail on his executing a bond for `30,000/- (Rupees thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Sessions Court concerned and subject to the following further conditions:

(a) The petitioner shall report before the Investigating Officer on every Monday between 09.00 a.m and 11.00 a.m. for a period of three months or until the filing of the final report, whichever is earlier.

(b) The petitioner shall report before the Investigating Officer as and when required in writing to do so.

(c) The petitioner shall not get involved in any offence while on bail.

(d) The petitioner shall not intimidate or

influence the witnesses or in any way tamper with the investigation.

B.SUDHEENDRA KUMAR, JUDGE.

AS