Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE25H DAY OF FEBRUARY20146TH PHALGUNA, 1935 Bail Appl..No. 1316 of 2014 () ----------------------------------------- CRIME NO. 213/2014 OF ADOOR POLICE STATION , PATHANAMTITTA ACCUSED(S)/PETITIONER: ------------------------------------------ PARAMESWARAN AGED57YEARS S/O. RAMAN, SANTHA BHAVAN, PALAMUKKU EZHAMKULAM NORTH MURI, EZHAMUKULAM VILLAGE. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S COMPLAINANT(S)/RESPONDENTS/STATE: ------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.
2. SUB INSPECTOR OF POLICE ADOOR POLICE STATION, ADOOR, PATHANAMTHITTA-691523. R BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2502-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: das N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 1316 of 2014 (D) ------------------------------------------ Dated this the 25th day of February, 2014 ORDER
The petitioner is the accused in Crime No.213/2014 of Adoor Police Station, Pathanamthitta District. Offences alleged are under sections 448, 294(b), 324 and 354 of IPC. The petitioner has been in custody since 03.02.2014.
2. It is alleged that on 26.01.2014 at 7.00 pm the accused trespassed into the courtyard of the residential house of the complainant and abused her using obscene language, pulled her and pressed her breast and caused hurt to her.
3. The learned counsel for the petitioner submits that the allegations are not true.
4. Considering the period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any B.A. No. 1316/2014 (D) -2- condition that may be imposed on him, the petitioner is granted bail subject to the following conditions: (i) The petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of 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. (ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. B.A. No. 1316/2014 (D) -3- (iii) The petitioner shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. (iv) The petitioner will also file an 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 officer or tamper with the evidence. (v) The petitioner shall not leave India without the prior permission of the learned Magistrate. B.A. No. 1316/2014 (D) -4- (vi) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj