Sajaesh P T v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Bail Appl..No. 7666 of 2015 -------------------------------------- CRIME NO. 1304/2015 OF ANTHIKAD POLICE STATION, THRISSUR ------------------- PETITIONER(S)/ACCUSED:

-------------------------------------- SAJAESH P T, AGED 39 YEARS, S/O. THILAKAN, POOKATTU HOUSE, KIZHAKUKUMURI VILLAGE, PERINGOTTUKKARA P.O, THRISSUR DISTRICT.

BY ADV. SRI.MAHESH V.MENON RESPONDENT(S)/RESPONDENT & COMPLAINANT:

----------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, ANTHIKAD POLICE STATION, 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 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:+ PJ

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7666 of 2015 -------------------------------------------- Dated this the 8th day of December 2015

O R D E R

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

2. Petitioner is the accused in Crime No.1304 of 2015 of Anthikkad Police station registered for the offences punishable under Secs.5(m)(n)(p) and 6 of the Protection of Children from Sexual Offences Act, 2012. Prosecution allegation is that, the petitioner sexually abused his minor daughter on a day during the month of March, 2015 while she was sleeping with him. He was arrested on 20.09.2015.

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

4. Learned Public Prosecutor opposed the bail application. It is submitted that investigation has advanced to a considerable extent.

Considering the relationship between the petitioner and the victim and the fact that there is every possibility of the petitioner meddling with the matter, bail

Bail Appl. No.7666 of 2015 2 is granted to him with the following strict 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.

Bail Appl. No.7666 of 2015 3 v. The petitioner shall not enter the limits of Wadanappally Police station where the victim said to reside until trial is over. 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/08/12/2015 P.A. To Judge