Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE21T DAY OF FEBRUARY20142ND PHALGUNA, 1935 Bail Appl..No. 1083 of 2014 () ------------------------------- CRMC1742014 of SESSIONS COURT, ERNAKULAM CRIME NO. 195/2014 OF ANGAMALI POLICE STATION ------------- PETITIONER/ ACCUSED :- ------------------------- SHIBI, AGED38YEARS S/O SUBRAMANIAN, MULLANPARAMBIL HOUSE, CHERAI P.O PALLIPURAM VILLAGE BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENT :- ---------------- STATE OF KERALA, REPESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.
-------------------------------- B.A. No.1083 of 2014 --------------------------------- Dated this the 21st day of February 2014 ORDER
Petitioner is the accused in Crime No.195/2014 of Ankamaly Police Station. The offences alleged against him are punishable under Sec.7 r/w Sec.8 of Protection of Children from Sexual Offence Act, 2012. Petitioner is an employee of KSEB working as a Meter Reader. He had gone to the house of the complainant for noting the meter reading. It is alleged that at that time, he caught hold of the victim girl aged 13 years and pressed her breast. His application for anticipatory bail was rightly dismissed by the learned Sessions Judge.
2. Learned counsel for the petitioner submits that in fact an additional bill for Rs.945/- was issued and with regard to the same, there was wordy altercation between the petitioner and the mother of the victim girl. According to the petitioner, the electricity was used for commercial B.A. No.1083 of 2014 -:
2. :- purpose. Whatever that be, according to the petitioner, this case is a foisted one. Petitioner also contends that he went to that house to note down the meter reading along with his colleague and so, it was improbable that any such incident could have taken place.
3. Learned Public Prosecutor submits that in fact the petitioner went inside the room and it was from there he did the offending act and so, it is not an improbable act.
4. However, considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within seven days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions: a. The accused shall execute a bond for 20,000/- (Rupees Twenty Thousand only) with two solvent sureties each for the like sum to the satisfaction of B.A. No.1083 of 2014 -:
3. :- the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police B.A. No.1083 of 2014 -:
4. :- officer or tamper with the evidence. e. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K.BALAKRISHNAN, JUDGE. //True Copy// P.A. To Judge Jvt