Sindhu Nol N.R v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 6951 of 2015 () ------------------------------- CRIME NO. 517/2015 OF ALAKODE POLICE STATION, KANNUR DISTRICT. ......

PETITIONER/ACCUSED NO.1 IN CUSTODY:

---------------------------------------------------------------- SINDHU MOL N.R., D/O.RAMACHANDRAN, AGED 36 YEARS, KARIMATHOOR HOUSE, OTTAMUNDA, KOTTAYAD P.O, ALAKODE VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADVS.SRI.V.A.SATHEESH, SRI.V.T.MADHAVANUNNI, SRI.J.ABHILASH.

RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH S.H.O., ALAKODE POLICE STATION, KANNUR DISTRICT.

BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6951 of 2015 -------------------------------------------- Dated this the 13th day of November 2015

O R D E R

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

2. Petitioner is the 1st accused in Crime No.517 of 2015 of Alakode Police station registered for the offences punishable under Sec.23 of the Juvenile Justice Act, Sec.506(ii) of the Indian Penal Code and Sec.9(k) read with Sec.10,13(c) read with 14, 16 read with 17 of the Protection of Children from Sexual Offences Act, 2012. Prosecution case is that, the petitioner, being mother of a minor child who is deaf and dumb, submitted her child to a person for sexual exploitation and took her nude photographs. It is also alleged that the petitioner assaulted the child against the provisions of Juvenile Justice Act.

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

Considering the nature of allegations and the fact that the petitioner is in custody from 09.10.2015,

Bail Appl. No.6951 of 2015 2 bail is granted to her with the following conditions. i. The petitioner shall be released on bail on her 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 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.

Bail Appl. No.6951 of 2015 3 v. The petitioner shall surrender her passport before the lower court concerned or if she does not have the same, file an affidavit to that effect.

vi. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall she 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 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/13/11/2015 P.A. To Judge