Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE18H DAY OF FEBRUARY201429TH MAGHA, 1935 BAIL APPL..NO. 1096 OF2014() ---------------------------------------------- CRIME NO. 87/2014 OF HILL PALACE POLICE STATION , ERNAKULAM PETITIONERS/ACCUSED: ------------------------------------- 1. ANILKUMAR S/O.GOVINDAN, USHAS VEEDU, ARAKKAPARAMBU BHAGAM K.P.VALLON ROAD, KADAVANTHRA, ERNAKULAM2 JOSEPH NICHOLAS AGED38YEARS S/O.NICHOLAS, CHAKKANATTU HOUSE, PALLIMATTAM EROOR ERNAKULAM. BY ADVS.SRI.P.N.SUKUMARAN SRI.K.A.ANAS RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM2 SUB INSPECTOR OF POLICE HILL PALACE POLICE STATION, THRIPPUNITHURA. BY PUBLIC PROSECUTOR SHRI V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1802.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
==================================== B.A. No. 1096 of 2014 ==================================== Dated this the 18th day of February, 2014 ORDER
Petitioners are accused 1 and 2 in Crime No.87 of 2014 of the Hill Palace Police Station for the offences punishable under Sections 337, 377 and 506(ii) read with Sec.34 of the Indian Penal Code, Sec.3(1)(d) read with Sec.4 of the Protection of Children from Sexual Offences Act, 2012 and Sec.20(b) (ii) (A) of the NDPS Act, are in custody from 13.01.2014 and 14.01.2014, respectively and seek bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioners sexually abused the victim at the house of the 2nd petitioner. The 3rd accused had been supplying cigarette filled with ganja to the victim.
3. Learned Senior Advocate requested for bail. It is submitted that the petitioners are in custody from the dates mentioned above.
4. Having regard to the circumstances of the case I am inclined to think that further detention of the petitioners is not required for investigation of the case. But recurrence of such B.A. No. 1096 of 2014 -:
2. :- incidents has to be prevented. I am inclined to grant relief subject to conditions. Application is allowed as under: (i) Petitioners are granted bail in Crime No.87 of 2014 of the Hill Palace Police Station Tripunithura and shall be released (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for the like sum each to the satisfaction of the Special Court concerned and subject to the following conditions: (a) One of the sureties shall be a close relative of any the petitioners. (b) Petitioner shall report to the Station House Officer of the Maradu Police Station on every Saturday between 10.00 a.m. and 12.00 p.m. until otherwise ordered by the special court. (c ) Petitioners shall report to the Officer investigating the case as and when required by for interrogation at all reasonable time and place. (c) Except if necessary for complying with condition Nos. (b) and (c) the petitioners shall not until otherwise ordered and except with the permission of the Special Court (unless it is to attend any court) enter local limits of the Tripunithura Hill Palace B.A. No. 1096 of 2014 -:
3. :- Police Station. (d) Petitioners shall not get involved in any offence during the period of this bail. (e) Petitioners shall not intimidate or influence the witnesses. (v) In case the petitioners violate any of conditions (b) to (e), it is open to the investigating Officer to move the Special Court for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC100. THOMAS P.JOSEPH, JUDGE. vsv