Ansar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6547 of 2015 -------------------------------------- CRIME NO. 1783/2015 OF KOTTIYAM POLICE STATION , KOLLAM ---------------- PETITIONER(S)/ACCUSED IN CUSTODY:
-------------------------------------------------------- ANSAR, AGED 27 YEARS, S/O.SHAJAHAN, KANJURAMVILA VEEDU, PANAYAM CHERRY, THAZHUTHALA VILLAGE, KOLLAM.
BY ADVS.SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN (MUTHUKULAM) SRI.V.SHARMILA SMT.E.U.DHANYA RESPONDENT(S):
------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6547 of 2015 -------------------------------------------- Dated this the 30th day of October 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the accused in Crime No.1783 of 2015 of Kottiyam Police station registered for the offences punishable under Sec.376 of the Indian Penal Code and Secs.3(a) and (4) of the Protection of Children from Sexual Offences Act. Prosecution case is that on 29.07.2015 at about 5.30 p.m., the petitioner committed sexual assault on a 9 year old daughter of the defacto complainant at her residence.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the petitioner has been in custody since 17.08.2015 and he may be released on bail.
Considering the stage of investigation and the fact that the petitioner is a neighbour of the victim, bail is
Bail Appl. No.6547 of 2015 2 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 Special Judge 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 lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.
iv. The petitioner shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m.
and 11.00 a.m. until final report is filed.
v. The petitioner shall not enter the local
Bail Appl. No.6547 of 2015 3 limits of Kottiyam Police station except for complying with the conditions in the bail order for a period of three months.
vi. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
vii. 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 Special Judge is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/30/10/2015 P.A. To Judge