Akshay vs State Of Kerala on 13 April, 2021

[Cites 5, Cited by 0]

Kerala High Court

Akshay vs State Of Kerala on 13 April, 2021

Bench: K.Haripal

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE K.HARIPAL

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                       Bail Appl.No.2865 OF 2021

     CRIME NO.61/2021 OF EDACHERRY POLICE STATION, KOZHIKODE

PETITIONERS/ACCUSED:

      1       AKSHAY
              AGED 22 YEARS
              CHALOLI THAZHEKUNNI,
              EDACHERRY NORTH P.O
              EDACHERRY AMSOM DESOM,
              VADAKARA TALUK, KOZHIKODE DISTRICT.
              673502

      2       SHAMBU @ VAISHNAV
              AGED 22 YEARS
              SON OF BABU
              MEETHALE KUNNATH,
              PURAMERI P.O,
              PURAMERI AMSOM DESOM,
              VADAKARA TALUK, KOZHIKODE DISTRICT.
              673502

      3       SHYAMJITH
              AGED 22 YEARS
              SON OF SASIDHARAN,
              LALJITH NIVAS,
              PURAMERI AMSOM DESOM,
              VADAKARA TALUK, KOZHIKODE DISTRICT.
              PIN - 673502

              BY ADVS.
              SRI.K.B.ARUNKUMAR
              SMT.POOJA K.S.

RESPONDENT:

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA
              682031

              BY SRI. E.C. BINEESH, PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION         ON
13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl.No.2865 OF 2021           2




                                 ORDER

This is an application for anticipatory bail moved by accused Nos. 2 to 4 in Crime No. 61/2021 of Edacherry Police Station. The crime was registered alleging offence punishable under Sections 345D, 363 and 447 read with 34 of the Indian Penal Code and Sections 8, 7, 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012.

2. According to the learned counsel for the petitioners, there are no serious allegations against them, the main allegation is against the first accused, who has already been arrested and released on bail.

3. I heard the learned Public Prosecutor also. Though the application has been opposed by the learned Public Prosecutor, it seems that in the nature of the allegations against the petitioners, their custodial interrogation is not warranted. Therefore, in the event of arrest, they shall be released on bail on the following conditions:-

Bail Appl.No.2865 OF 2021 3

i) The petitioners shall appear before the Investigating Officer within seven days from today and will make themselves available for interrogation;

ii) In the event of arrest, the petitioners shall be released on bail on their executing bond for Rs. 50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

iii) They shall co-operate with investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) They shall not involve themselves in any crime during the period on bail;

v) They shall appear before the Investigating Officer/Court as and when required;

vi) They shall strictly follow the various guidelines issued by the State Government and the Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional court will be at liberty to cancel the bail, in accordance with law.

This bail application is allowed as above.

Sd/-

K.HARIPAL JUDGE DCS/13.04.2021

Unlock Advanced Research with PRISMAI

Kerala High Court