Jiji Jacob 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. 7677 of 2015 --------------------------------------- CRIME NO. 981/2015 OF ALAKODE POLICE STATION , KANNUR DISTRICT ------------------ PETITIONER(S)/ACCUSED IN CUSTODY :
------------------------------------------------------------- JIJI JACOB, AGED 46 YEARS, S/O.CHACKO, ATTENGATTIL HOUSE, KARTHIKAPURAM P.O, UDAYAGIRI VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S)/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 17-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7677 of 2015 -------------------------------------------- Dated this the 17th 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.981 of 2015 of Alakode Police station registered for the offences punishable under Secs.376(M) and 506(i) of the Indian Penal Code and Secs.3(a) read with Secs.4, 5(i), 6, 11(ii) of the Protection of Children from Sexual Offences Act, 2012. Prosecution case is that, the petitioner, who is a music teacher, committed rape on a student aged 16 years. He is in custody from 17.11.2015.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
Considering the nature of allegations and the number of days in custody undergone by the petitioner, bail is granted to him 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
Bail Appl. No.7677 of 2015 2 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 Saturdays between 10.00 a.m. and 11.00 a.m. until final report is filed.
v. The petitioner, except for the purpose of complying with the conditions in the bail order, shall not enter the limits of Alakode Police station for a period of three months.
Bail Appl. No.7677 of 2015 3 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/17/12/2015 P.A. To Judge