Satheesh v. The 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. 5802 of 2015 ------------------------------------- CRIME NO. 1304/2015 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM -------------------------- PETITIONER(S)/ACCUSED (IN CUSTODY):

----------------------------------------------------------- SATHEESH, AGED 26 YEARS, S/O.CHANDRAN, TC.71/1414, PUTHUVAL PURAYIDOM, MUTTATHARA, THIRUVANANTHAPURAM.

BY ADV. SRI.R.T.PRADEEP RESPONDENT(S):

-------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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: PJ

B.SUDHEENDRA KUMAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5802 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2015

ORDER

The petitioner is the accused in crime No.1304/2015 of Poonthura Police Station, registered under Section 376 of IPC and Sections 3(a) & 4 of the Protection of Children from Sexual Offences Act, 2012.

2. The prosecution allegation is that the petitioner committed sexual abuse against the victim girl, aged 16 years, on 13.08.2015 and on several days prior to that. The petitioner was arrested on 13.08.2015 and ever since he has been in custody.

3. Heard.

4. 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 final report has been already filed by the Police after completing the investigation. Considering the facts and

B.A.No.5802 of 2015 : 2 :

circumstances of the case, including the fact that the final report has been already filed by the Police, after completing the investigation, I am inclined to grant bail to the petitioner.

5. In the result, this bail application stands allowed and the petitioner shall be released on bail on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty 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:

1) The petitioner shall report before the investigating officer as and when required by the Investigating Officer in writing to do so.

2) The petitioner shall not get involved in any offence while he is on bail.

3) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

B.SUDHEENDRA KUMAR JUDGE sm/