Kerala High Court
Vishnu vs The State Of Kerala on 4 December, 2017
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY,THE 4TH DAY OF DECEMBER 2017/13TH AGRAHAYANA, 1939
Bail Appl..No. 8364 of 2017 ()
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CRIME NO. 1744/2017 OF KUNNIKODE POLICE STATION,KOLLAM DISTRICT
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PETITIONER/SOLE ACCUSED:
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VISHNU,
AGED 25 YEARS, S/O. THULASEEDHARAN,
RESIDING AT PLAVILA VEEDU, KOKKADU,
KOLLAM DISTRICT.
BY ADV. SRI.MANU RAMACHANDRAN
RESPONDENT/COMPLAINANT/STATE:
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THE STATE OF KERALA,
THROUGH SUB INSPECTOR OF POLICE,
KUNNIKODE POLICE STATION, KOLLAM DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SRI.S.SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V., J
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B.A. No.8364 of 2017
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Dated this the 4th day of December, 2017
ORDER
1.This application is filed under section 439 of the Code of Criminal Procedure.
2.The petitioner is the sole accused in Crime No.1744 of 2017 of the Kunnikode Police Station registered initially on 3.10.2017 alleging offences punishable under sections 447. 354C, 354D & 509 of the IPC.
3.The prosecution allegation is that the petitioner herein ,late in the night on 1.10.2017, trespassed into the terrace of the de facto complainant and peeped through the ventilation hole into the bedroom where the victim and her sister was sleeping.
4.Heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.
5.The learned Public Prosecutor would submit that a statement of the victim was recorded later by the learned Magistrate and thereafter offences punishable under sections 7 and 8 read with BA 8364/2017 2 11(m) read with section 12 of the Protection of Children from Sexual Offences Act, 2012 were incorporated.
6.The petitioner was arrested on 26.11.2017 and has been in custody since then. It appears that when the statement was initially furnished by the victim, only a diluted version was given. However, the investigation has progressed much and the continued detention does not appear to be warranted.
7.Having regard to the nature and severity of the allegations, the stage of investigation and the period of incarceration already undergone, I am of the considered view that the petitioner herein can now be enlarged on bail. In the result, this application will stand allowed, subject to the following conditions:
(a) The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for 2 months or till final report is filed, whichever is earlier.BA 8364/2017 3
(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not make any effort to contact the victim or her family members.
(d) The petitioner shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE vps 4/12 /True Copy/ PS to Judge