Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE28H DAYOF OCTOBER20136TH KARTHIKA, 1935 Bail Appl..No. 7122 of 2013 ------------------------------- CRIME NO. 1611/2013 OF KADAKKAL POLICE STATION , KOLLAM ... PETITIONER/ACCUSED: -------------------------------------- BINEESH,AGED23YEARS, S/O.GRACY, PALLIKKUNNIL CHARVILA VEEDU, PULIPPARA P.O., MELEPANDALAM MUKKU, KADAKKAL, KOLLAM. BY ADV. SRI.P.HARIDAS RESPONDENTS/STATE & COMPLAINANTS: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.
2. SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM-691 001. R1 & R2 BY PUBLIC PROSECUTOR SRI.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2810-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J.
========================= Bail Application No.7122 of 2013 ============================ Dated this the 28th day of October, 2013 ORDER
Petitioner is accused, in Crime No.1611 of 2013 of the Kadakkal police station (Kollam District) for the offences punishable under Secs. 377 of the Penal Code and Sec.4 of the Protection of Children from Sexual Offences Act, 2012, is in custody from 31.08.2013 and seeks bail.
2. Learned counsel submits that the application for bail was rejected by this court earlier and considering his long detention, he may be granted bail.
3. Learned Public Prosecutor has opposed the application.
4. Having regard to the fact that the petitioner is in custody from 31.08.2013 and other relevant circumstances, I am inclined to grant bail but stringent conditions since grant of bail should not affect investigation of the case and such incidents should not be repeated in future. B.A No. 7122 of 2013 2 Resultantly, this application is allowed as under:- Petitioner is granted bail in Crime No. 1611 of 2013 of the Kadakkal police station and will be released, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate subject to the following conditions:- a) The bail bond shall be executed within three weeks from this day. b) One of the sureties shall be a close relatives of the petitioner. c) Petitioner shall report to the Investigating Officer on every Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report. d) Petitioner shall report to the investigating officer as and when required for interrogation. e) Petitioner shall not except for compliance of the above said conditions enter the local limits of Kadakkal police station until otherwise ordered and except with the permission of the jurisdictional magistrate ( until committal if any and thereafter by B.A No. 7122 of 2013 3 the learned Principal Sessions Judge concerned). f) Petitioner shall not get involved in any offence during the period of this bail. g) It is made clear that in case any of the above conditions is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal if any and thereafter, before the learned Principle Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv