Ratheesh v. 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. 5773 of 2015 () ------------------------------- CRIME NO. 921/2015 OF KILIMANOOR POLICE STATION, THIRUVANANDAPURAM DISTRICT ------------------ PETITIONER/ACCUSED :

--------------------------------- RATHEESH, S/O. RAGHUNATHAN, THADATHARIKATHU VEEDU, KINDAPPARA KATTUMPURAM, MANJAPPARA, PULIMATH VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT/STATE :

------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COUT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

------------------------------ Bail Appl. Nos.5773 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.921 of 2015 of Kilimanoor Police station registered for the offences punishable under Secs.376 of the Indian Penal Code, Sec.3(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Secs.3 and 4 of the Protection of Children from Sexual Offences Act. The petitioner was arrested on 09.07.2015.

3. The prosecution allegation is that the petitioner sexually assaulted a minor girl aged 15 years on three occasions.

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

5. Learned Public Prosecutor opposed the bail application.

The petitioner is in custody for 81 days. Investigation has advanced to a considerable extent and

Bail Appl. Nos.5773 of 2015 2 is ripe for hearing. Considering the facts and circumstances, 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 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

Bail Appl. Nos.5773 of 2015 3 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