Sunilkumar @ Kochumon v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Bail Appl..No. 6861 of 2015 ------------------------------------- CRIME NO. 635/2015 OF VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM -------------------- PETITIONER(S)/ACCUSED:
-------------------------------------- SUNILKUMAR @ KOCHUMON, AGED 27 YEARS, S/O.JOHN, THADATHARIKATHU VEEDU, NEDUVELI, NEDUVELI WARD, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM. BY ADVS.SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN RESPONDENT(S)/STATE:
----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAN 682 031.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A. HARIPRASAD, J --------------------------------------------------------- B.A.No. 6861 of 2015 --------------------------------------------------------- Dated this the 04th day of November, 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the accused in Crime No.635 of 2015 of Vattappara Police Station registered for the offences punishable under Secs.354 IPC and Secs.7 & 8 of Protection of Children from Sexual Offences Act, 2012. The prosecution allegation is that on 03.08.2015 at about 8.30 a.m. while the de-facto complainant was proceeding to school, the petitioner, an auto-rickshaw driver gave a lift in his auto-rickshaw, he caught hold of her hand and attempted to abuse her sexually.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned Counsel for the petitioner submitted
B.A.No. 6867 of 2015 -2that the petitioner remains in custody from 12.10.2015. The investigation has progressed to a considerable extent. Considering the stage of investigation, the bail is granted to the petitioner 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
B.A.No. 6867 of 2015 -3all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. until final report is filed. 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 Special Judge is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE bpr