P.Ramsad v. The Station House Officer, Mattannur Police Station

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937Q Bail Appl..No. 6266 of 2015 ------------------------------------- CRIME NO. 987/2015 OF MATTANNUR POLICE STATION , KANNUR ------------------- PETITIONER(S)/ACCUSED NO.3:

--------------------------------------------- P.RAMSAD, AGED 25 YEARS, S/O.ABDUL RAHIMAN, PARAMMEL HOUSE, URUVACHAL P.O., IRITTY TALUK, KANNUR DISTRICT.

BY ADVS.SRI.C.KHALID SRI.PHIJO PRADEESH PHILIP RESPONDENT(S)/STATE:

------------------------------------ THE STATION HOUSE OFFICER, MATTANNUR POLICE STATION, THROUGH STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6266 of 2015 -------------------------------------- Dated this the 26th day of October, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Accused in Crime No.987 of 2015 of Mattannur Police Station registered for offences punishable under Section 366A of the Indian Penal Code and Sections 3(a) and 4 of the Protection of Children from Sexual Offences Act, 2012 seeks bail.

3.

It is alleged that on 04.09.2015 the petitioner had enticed the victim, a minor girl aged 17 years who was a school child, by giving her a promise to marry. She was taken to various places and she was sexually exploited by the petitioner.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner and the girl were in love with each other.

6.

Learned Prosecutor opposed the bail application. Considering the fact the petitioner was arrested on 09.09.2015 and the major part of the investigation is over, bail is granted to the petitioner with the following conditions:

BA No.6266/2015 i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Special Judge having jurisdiction.

ii.

The sureties shall produce documents to establish their identity and solvency.

iii.

The petitioner shall appear before the Investigating Officer on all Sundays between 10.00 and 11.00 a.m until final report is filed.

iv.

The petitioner shall not indulge in any offence while on bail.

v.

The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner. If any of the above conditions is breached by the petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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