Sruthi v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 Bail Appl..No. 7740 of 2015 -------------------------------------- CRIME NO. 1222/2015 OF KURATHIKADU POLICE STATION, ALAPPUZHA ---------------------- PETITIONER/ACCUSED:
---------------------------------- SRUTHI SATHEESH, AGED 25 YEARS, S/O. SATHEESH, SURYA BHAVANAM, BHARANIKAVU NORTH MURI, KATTANAM VILLAGE.
BY ADVS.SRI.K.SASIKUMAR SRI.S.ARAVIND SRI.R.ROHITH SRI.P.S.RAGHUKUMAR RESPONDENT:
--------------------- 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 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7740 of 2015 -------------------------------------------- Dated this the 16th 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.1222 of 2015 of Kurathicadu Police station registered for the offences punishable under Secs.354A(1)(i), 354D(1) read with Sec.149 of the Indian Penal Code and Sec.11(iv) read with Sec.12 of the Protection of Children from Sexual Offences Act, 2012. Prosecution allegation is that the accused stalked the daughter of the defacto complainant, aged 16 years, with sexual intend and on 23.11.2015 at about 5.30 p.m., he entered into the courtyard of the house of the defacto complainant, caught hold of her hand and thereby outraged her modesty.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the petitioner is in custody from 24.11.2015 onwards and bail may be granted to him.
Bail Appl. No.7740 of 2015 2
5. Learned Public Prosecutor submitted that statement of the victim under Sec.164 CrP.C. has already been recorded.
4. Considering the nature of allegations and the fact that investigation has advanced to a considerable extent, bail is granted to the petitioner 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 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
Bail Appl. No.7740 of 2015 3 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 shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
vi. 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/16/12/2015 P.A. To Judge