Prasanth v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 Bail Appl..No. 6402 of 2015 ------------------------------------- CRIME NO. 827/2014 OF PATHANAMTHITTA POLICE STATION, PATHANAMTITTA ..........

PETITIONER(S)/ACUSED NO.3:

------------------------------------------- PRASANTH, AGED 32 YEARS, S/O.KUNJUVELAYUDHAN, PALACKAL VEEDU, DEENADAYAR NAGAR, THIRUVATHRA, TRISSUR DISTRICT.

BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT(S)/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 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6402 of 2015 -------------------------------------------- Dated this the 13th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 3rd accused in Crime No.827 of 2014 of Pathanamthitta Police station registered for the offences punishable under Secs.363, 366A, 346, 323, 324 and 376D of the Indian Penal Code and Sec.3(a) read with Sec.6 of the Protection of Children from Sexual Offences Act. The petitioner was arrested on 28.06.2015. Prosecution allegation is that on 05.05.2014, the mother of the victim lodged a complaint before the Pathanamthitta Police alleging missing of her daughter aged 16 years. The Police registered a case. On 09.05.2014, the minor girl along with her mother and elder sister appeared before the Pathanamthitta Police and gave statement that she was kidnapped by the 1st accused. Thereafter he took her to the house of the 2nd accused. The girl was subjected to sexual exploitation by

Bail Appl. No.6402 of 2015 2 the other accused on various occasions. The petitioner who is the 3rd accused also committed sexual assault on the victim is the prosecution case.

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

4. Considering the stage of investigation and the period of detention of the petitioner, bail is granted to him 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 Investigating Officer for interrogation

Bail Appl. No.6402 of 2015 3 on every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till the final report is filed.

iv. The petitioner shall not enter the revenue District of Pathanamthitta except for complying with the directions in this order for a period of three months.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vi. The petitioner shall not involve in any 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/13/10/2015 P.A. To Judge