IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE16H DAY OF JULY201425TH ASHADHA, 1936 Bail Appl..No. 5253 of 2014 (B) ------------------------------------------- [CRIME NO. 320/2014 OF MALAYINKEEZH POLICE STATION , THIRUVANANTHAPURAM] ............ PETITIONER/ACCUSED: ---------------------------------- ROBERT NOBILI, S/O.ROBERT, AGED43YEARS, PUTHUVEL PUTHEN VEEDU, PAROTTUKONAM, NALANCHIRA, THIRUVANANTHAPURAM-695 001. BY ADVS.SRI.SUMAN CHAKRAVARTHY, SRI.SANDEEP T.GEORGE. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1607-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.5253 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2014 ORDER
Petition filed under Section 439 Cr.P.C. The petitioner is the sole accused in Crime No.320/2014 of Malayinkeezh Police Station registered for the offences under Sections 376 IPC and 4 of the Protection of Children from Sexual Offences Act, 2012.
2. The petitioner is a Pastor. It is alleged that on 08.08.2011 at his house the petitioner sexually assaulted a 10 year old girl residing in his neighbourhood.
3. The petitioner's case is that the mother of the girl has enmity towards him as he had informed her husband about her illicit relationship and this is a false case got registered at her instance.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The incident happened on 08.08.2011. The police was informed only on 26.04.2014. The medical examination B.A. No.5253 of 2014 -2- report of the victim shows that there was no sexual intercourse. The doctor could not notice any injury on the girl. The petitioner has been in custody since 23.05.2014. His further detention is not necessary for completion of the investigation. In the result, the bail application is allowed. (i) The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge concerned. (ii) The petitioner shall appear before the Investigating Officer between 11 a.m and 12 noon on all the 2nd and 4th Tuesdays for three months, or till the final report is filed, whichever is earlier. (iii) The petitioner shall not threaten or attempt to influence the witnesses, nor shall he commit, while on bail, an offence similar to the offence which he is alleged to have committed; nor shall B.A. No.5253 of 2014 -3- he destroy or attempt to destroy the evidence or interfere with the investigation. (iv) He shall not contact or communicate with the victim girl. If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/