Shemeer vs Unknown

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Kerala High Court

Shemeer vs Unknown

Bench: P.S.Gopinathan

       

  

  

 
 
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT:

                   THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

            TUESDAY, THE 24TH DAY OF APRIL 2012/4TH VAISAKHA 1934

                            Bail Appl..No. 2509 of 2012 ()
                             ------------------------------
                  AGAINST THE ORDER IN IN BA.2096/2012 DATED
                 CRMC.356/2012 of D.C.& SESSIONS COURT,MANJERI
                           CMP.1338/2012 of J.M.F.C.,TIRUR

PETITIONER/ACCUSED:
------------------------

          SHEMEER, AGED 19 YEARS
          S/O.SHERAFUDHEEN, KAMMUNTE PURAKKAL, KUTTAYI
          TIRUR, MALAPPURAM DIST

          BY ADV. SRI.C.V.MANUVILSAN

COMPLAINANT:
---------------

          STATE OF KERALA
          REP.BY THE SUB INSPECTOR OF POLICE, TIRUR
          THROUGH THE PUBLIC PROSECUTOR
          HIGH COURT OF KERALA, ERNAKULAM

          BY PUBLIC PROSECUTOR SRI.R.RANJITH

         THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24-04-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



                         P.S.GOPINATHAN, J.
                  ----------------------------
                         B.A.No. 2509 of 2012
                   ---------------------------
                Dated this the 24th day of April, 2012


                                ORDER

The petitioner is the accused in Crime No.142 of 2012 of Tirur Police Station for offences under Sections 377 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. He was arrested on 20.2.2012. Ever since, he is in judicial custody. His application for bail was dismissed by the trial court as well as by the Sessions Judge. Now, this petition seeking an order to release the petitioner on bail.

2.Having taken notice that the petitioner had undergone undertrial imprisonment for more than 60 days, this petition is allowed and there would be an order directing the trial court to release the petitioner on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the trial court on the following conditions:

B.A.No. 2509 of 2012 2

a) The petitioner shall report before the Investigating Officer at 10 A.M. on every Tuesday.

b) The petitioner shall 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.

P.S.GOPINATHAN, JUDGE cms

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