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High Court of KeralaBail Appl./6063/2015allowed

Joju K.B. v. State Of Kerala

2015-10-214 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 Bail Appl..No. 6063 of 2015 () ------------------------------- CRIME NO. 1017/2015 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA DISTRICT ---------- PETITIONER/1ST ACCUSED :

-------------------------------------------- JOJU K.B., AGED 48 YEARS,S/O.BABY, KADIATHU VEETIL, NOORANI P.O., PALAKKAD.

BY ADV. SMT.S.SUMITHA RESPONDENT/COUNTER PETITIONER:

---------------------------------------------------------- STATE OF KERALA, (STATION HOUSE OFFICER, ALAPPUZHA NORTH POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.6063 of 2015 -------------------------------------------- Dated this the 21st day of October 2015

O R D E R

Bail application filed under Section 438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.1017 of 2015 of Alappuzha North Police station registered for the offences under Secs.452, 294(b), 354 and 420 read with Sec.34 of the Indian Penal Code. The prosecution case is that he along with the co-accused trespassed into the victim's house, uttered obscene words, outraged her modesty and forcibly took away from her certain valuable documents.

3. Heard both sides.

4. The incident allegedly happened on 27.04.2015 but, the Police was informed only on 25.07.2015. For the delay, no explanation has been given in the First Information Statement. So I am compelled to grant anticipatory bail to the petitioner.

In the result, the bail application is allowed.

B.A. No.6063 of 2015 2

1. The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2. The petitioner shall appear before the investigating officer for interrogation between 10.00 a.m. and 11.00 a.m. every Friday for three months or till the final report is filed, whichever is earlier.

3. The petitioner shall not destroy or tamper with evidence.

4. The petitioner shall not intimidate or attempt to influence the witnesses.

5. The petitioner shall not get himself involved in any other criminal case.

6. The petitioner shall co-operate with the investigation.

In case of violation of any of the above conditions,

B.A. No.6063 of 2015 3 the learned Magistrate is empowered to cancel the bail in accordance with the law.

If the petitioner surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge