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Kerala High Court

Akhil vs State Of Kerala on 9 March, 2017

Author: K.Abraham Mathew

Bench: K.Abraham Mathew

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

          THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

     THURSDAY, THE 9TH DAY OF MARCH 2017/18TH PHALGUNA, 1938

                   Bail Appl.No. 1530 of 2017
                  ----------------------------


 CRIME NO. 250/2017 OF ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA
                              ....


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

            AKHIL,
            AGED ABOUT 24 YEARS, S/O.THANKAPPAN,
            PARUTHICKAL HOUSE,
            NEDUMUDI P.O., ALAPPUZHA DISTRICT.


            BY ADV. SRI.VISHNURAJ

RESPONDENT:
-----------

            STATE OF KERALA,
            REPRESENTED BY THE CHIEF SECRETARY,
            THROUGH THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA


             BY PUBLIC PROSECUTOR SRI.SAJJU S.

       THIS BAIL APPLICATION  HAVING COME UP FOR ADMISSION
       ON  09-03-2017, THE COURT ON THE SAME DAY PASSED THE
       FOLLOWING:

msv/



                        K.ABRAHAM MATHEW, J.
                     -------------------------------------------
                           B.A.No. 1530 of 2017
                     -------------------------------------------
                  Dated this the 9th day of March, 2017

                                     ORDER

Petition filed under Section 439(1) Cr.P.C.

2. Petitioner is the accused in Crime No.250 of 2017 of Alappuzha Police Station registered for the offences under Sections 354C and 457 IPC.

3. The prosecution case is that at 4.30 in the morning on 3.2.2017 he trespassed into the room in which the first informant was staying in the hotel in which he was working, removed her blanket and attempted to view her nakedness. Learned counsel submits that taking into consideration the period of custody the petitioner may be granted bail.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The petitioner has been in custody since 4.2.2017. It appears that for completion of the investigation his further detention is not necessary. So I am inclined to grant his prayer.

In the result, this Bail Application is allowed.

i. 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 B.A.No. 1530 of 2017 2 the like sum to the satisfaction of the lower court concerned.

ii. He shall appear before the investigating officer for interrogation if he is so required by him in writing.

iii. He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

iv. He 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.

v. He shall not leave the State of Kerala without the previous permission of the court of enquiry or trial court, as the case may be.

In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

K.ABRAHAM MATHEW JUDGE pm