Saji v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 Bail Appl..No. 7586 of 2015 ---------------------------------------- CRIME NO. 432/2015 OF PAZHAYANNUR POLICE STATION , THRISSUR DISTRICT ------------------ APPLICANT(S)/ACCUSED :
---------------------------------------- SAJI, S/O.PUSHKARAN, KARUKAYIL HOUSE, AMMADAM VILLAGE, THRISSUR DISTRICT.
BY ADVS.SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR RESPONDENT(S)/STATE/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 17-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
-------------------------------------- B.A. No.7586 of 2015 -------------------------------------- Dated this the 17th day of December, 2015
ORDER
Application for bail under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the accused in Crime No.432 of 2015 of Pazhayannur Police Station registered for offences punishable under Section 376 (f) & (i) of the Indian Penal Code and Section 5(l), (m), (n) & (p) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The matter is pending as S.C.No.589 of 2015 before the First Additional Sessions Judge, Thrissur.
3.
Heard both sides.
4.
Learned counsel for the petitioner submitted that the petitioner is in custody from 21.06.2015.
5.
This Court called for a report from the Special Judge dealing with the cases under the Protection of Children from Sexual Offences Act, 2012. It is mentioned in the report that there are 981 cases pending in the court at various stages and trial of this case could be conducted only in the month of May or June, 2016.
Considering the nature of allegations and the number of days
BA No.7586/2015 in custody undergone, bail is granted to the petitioner with following strict conditions:
i.
Petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Special Judge having jurisdiction.
ii.
The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
iii.
Petitioner shall appear before the court on all posting dates without fail.
iv.
He shall not enter the limits of Thrissur District except for the purpose of appearing before the court. Even on the days he appears before the court, he shall not go to the house where the victim resides. v.
He shall furnish his address and phone number to the investigating officer.
vi.
He shall surrender his passport, if any forthwith. If he does not have a passport, he shall swear to an affidavit to that effect and submit it before the trial court.
vii.
Petitioner shall not indulge in any offence while on bail.
BA No.7586/2015 viii.
He shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
If any of the above conditions is breached by the petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
cks