STATE OF KERALA REPRESENTING STATION HOUSE OFFICER MANKARA POLICE STATION, PALAKKAD DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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==========================

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B.A. No. 1883 of 2014

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Dated this the 24^th day of March, 2014

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ORDER

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Petitioner is the accused in Crime No.108/2014 of Mankara Police Station, Palakkad District. The offences alleged are under Secs.354 and 506(ii) of IPC and Sec.7 r/w Sec.8 and Sec.11 r/w Sec.12 of Protection of Children from Sexual Offences Act.

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The complainant is the 16 year old daughter of the petitioner. It is alleged that the accused, during night, used to lie beside her and used to press her breast and touch her private parts. Going by her statement, the accused did it several times. She further stated that the accused threatened her that if she discloses she would be killed. Later when she felt it unbearable, she disclosed it to her mother and sister. Then her elder sister, who had completed her plus two studies told that she also had the same cruel experience from her father.

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The learned counsel for the petitioner submits that the incident as alleged could not have happened since all of them were residing in the very same house. It is also stated that the

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B.A. No. 1883 of 2014

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petitioner has been in custody from 07.02.2014 and so, considering the period of detention, he may be granted bail.

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This application is strongly opposed by the learned

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Public Prosecutor. The investigation is not likely to be completed within the period prescribed.

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Considering the period of detention already undergone

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by the accused, the accused is granted bail with effect from 25.3.2014 subject to the following conditions:

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a. The accused shall execute a bond for 50,000/-₹ (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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b. The accused shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays, Wednesdays and Fridays between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence

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B.A. No. 1883 of 2014

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-: 3 :-

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involved in this case and will 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 or tamper with the evidence.

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e. The accused shall not leave the State of Kerala without permission of the court.

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f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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g. The accused shall not meet or directly or indirectly contact the defacto complainant or her sisters or any other relatives until further orders.

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h. The accused shall not enter the limits of Mankara Police Station, except for complying with the Condition No.b.

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Sd/N.K.BALAKRISHNAN, JUDGE

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das

Abdul Rahiman v. State of Kerala

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Abdul Rahiman v. State of Kerala

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