Binu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 Bail Appl..No. 6905 of 2015 --------------------------------------- CRIME NO. 1748/2015 OF ARANMULA POLICE STATION, PATHANAMTITTA .......

PETITIONER(S)/ACCUSED:

------------------------------------- BINU, AGED 30 YEARS, S/O.PEETHAMBARAN, MAANATHARAYIL VEEDU, VELLAPPARA, NELLIKKALA MURI, ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.AJEESH K.SASI RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 20th day of November, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.1748 of 2015 of Aranmula Police Station registered for the offences punishable under Sections 7 and 8 of the Prevention of Children from Sexual Offences Act, 2012. 3.

Prosecution case is that on 24.09.2015 at about 05.00 p.m., the petitioner caught hold of the hand of a minor girl, aged 15 years and attempted to sexually assault her.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that this is a false case filed against him. In fact, there was another incident wherein the defacto complainant's father had beat him.

6.

Learned Public Prosecutor submitted that the petitioner is the neighbour of the defacto complainant and

there is every possibility of his meddling with the matter. It is also submitted that the instruction is that he is a nuisance in the locality.

7.

Considering the nature of the allegations, the following directions are issued:

(a) Petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation. Thereafter, he shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

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

(c) The petitioner shall co-operate with the investigation of the case.

(d) The petitioner shall not enter the local limits of Aranmula Police Station for a period of three months except for the purpose of reporting to the Investigating Officer or attending the court.

(e) The petitioner shall not intimidate or attempt to influence the witnesses.

(f) The petitioner shall not in any manner interfere or meddle with the investigation.

(g) The petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge