Kerala High Court
Sasidharan Nair vs State Of Kerala on 31 July, 2015
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937
Bail Appl..No. 4189 of 2015 ()
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CRIME NO. 489/2015 OF ARTHINKAL POLICE STATION , ALAPPUZHA DISTRICT
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PETITIONER/ACCUSED:
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SASIDHARAN NAIR, AGED 63 YEARS,
S/O.BHASKARAN NAIR, KANNAMKONATH KIZHAKKE VELI,
KURUPPAMKULANGARA P.O., CHERTHALA,
ALAPPUZHA DISTRICT.
BY ADVS.SRI.B.PRAMOD
SRI. JOBY CYRIAC
RESPONDENT :
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STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
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B.A.No. 4189 of 2015
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Dated this the 31st day of July, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is said to have committed the offences under Section 354A of the Indian Penal Code, Section 7 of the Protection of Children from Sexual Offences Act, 2012 and Section 23 of the Juvenile Justice (Care and Protection of Children)Act, 2000. The prosecution case is that at his shop he sexually abused the victim.
3. Heard.
4. The petitioner is aged 63 years. Having regard to the nature of the act done by him and his age, I am inclined to grant him bail.
In the result, this application is allowed.
1)The petitioner shall 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 if he is arrested by the Police in connection with this case.
2)The petitioner shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.
3)He shall not leave India without the previous permission of the court of enquiry or trial court as the B.A.No. 4189 of 2015 -: 2 :- case may be.
4)He shall appear before the Investigating Officer between 10 a.m. and 11 a.m. every alternate Wednesday for four months or till the final report is filed, whichever is earlier.
5)He shall not intimidate or attempt to influence the witnesses.
6)He shall not destroy or tamper with evidence.
7)He shall not attempt to contact or communicate with the victim or her relatives nor shall he enter the premises in which she resides
8)He shall not get himself involved in any other criminal case while he is on bail.
If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge