Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE1T DAY OF JANUARY201411TH POUSHA, 1935 Bail Appl..No. 8577 of 2013 () ------------------------------------------ CRIME NO. 1930/2013 OF KUNDARA POLICE STATION , KOLLAM PETITIONER/IST ACCUSED: --------------------------------------- VIJAYAN @ BABU, AGED46YEARS, S/O.LATE JEROME, YESUVILASOM, PADAPPAKKARA, KOLLAM. BY ADV. SRI.SUNNY ZACHARIAH RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, THROUGH THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P.P.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0101-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. P.BHAVADASAN, J.
--------------------------------------- Bail Application No.8577 OF2013--------------------------------------- Dated this the 1st day of January, 2014. ORDER
The petitioner is the 1st accused in Crime No.1930/2013 of Kundara Police Station who is alleged to have committed the offences punishable under Section 376 IPC and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. The petitioner is none other than the father of the victim. The victim is aged only nine years. It is after putting an end to her studies that she was ravished.
2. The petitioner would say that he is innocent and has been falsely implicated. According to him, he has not committed any act as alleged. It is claimed by him that it is rather inconceivable that he could have done such an act to his daughter. It is further pointed out that he has been in custody from 22.09.2013 onwards and so far final report has not been laid and he is entitled to statutory bail. B.A. No.8577/2013 2 3. Learned Public Prosecutor opposed the petition and pointed out that the crime is a heinous one that the petitioner deserves no leniency. It is also pointed out that the investigation is not yet complete.
4. It is unnecessary to go into the details of the case for the simple reason that the petitioner has been in custody from 22.09.2013 onwards. It is an admitted fact that final report has not been laid so far. Going by Section 167 Cr.P.C, the petitioner is entitled to statutory bail. The application is allowed on the following conditions: i) The petitioner shall be released on bail on his executing a bond for Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him. iii) The petitioner shall report before the Investigating Officer on every Tuesday between 9 a.m and 10 a.m until further orders. B.A. No.8577/2013 3 iv) The petitioner shall not contact the victim either directly or indirectly. v) The petitioner shall not leave the State of Kerala without prior permission of the Court concerned. vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vii) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law. Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A.to Judge.