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High Court of KeralaBail Appl./7730/2015allowed

Abdul Rahman v. State Of Kerala

2015-12-15Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Bail Appl..No. 7730 of 2015 () ------------------------------- CRIME NO. 587/2015 OF KUMBALA POLICE STATION, KASARAGOD DISTRICT -------------------- PETITIONER/ACCUSED :

------------------------------------ ABDUL RAHMAN, AGED 42 YEARS KARODI HOUSE, PATLA POST, MADHUR VILLAGE KASARAGOD DIST.

BY ADV. SRI.S.JIJI RESPONDENT/STATE :

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

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J --------------------------------------------------------- --------------------------------------------------------- Dated this the 15th day of December, 2015

O R D E R

Bail application filed under Sec. 438 Cr.P.C.

2. The petitioner is the first accused in crime No.587/2015 of Kumbala Police Station, Kasargod, registered under Sections 354, 354(B), 294(b) and 506(ii) read with 34 of Indian Penal Code. The allegations in this case is that on 20/08/2014 at 12.45 a.m., the petitioner outraged the modesty of the de facto complainant by catching hold of her and by tearing her maxi.

3. The learned counsel for the petitioner submitted that the alleged incident was on some day in June 2014. The complaint was filed only on 25.10.2015 after almost one year. This is a false case according to the petitioner.

After hearing the learned counsel for the petitioner and learned Public Prosecutor and after perusing the case diary, I am of the view that this is a fit case wherein the following directions are issued:

1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.

2. In the event of arrest, the petitioner shall be released on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the investigating officer.

3. 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.

4.

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

5. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

6. The petitioner shall not in any manner interfere or meddle with the investigation.

7.

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

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 bpr //TRUE COPY// P.A. TO JUDGE