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Crime No.3515/2017 Of … vs By Adv. Sri.Peeyus A.Kottam on 28 November, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

TUESDAY, THE 28TH DAY OF NOVEMBER 2017/7TH AGRAHAYANA, 1939

Bail Appl..No. 8225 of 2017 ()
——————————-

CRIME NO.3515/2017 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM.
……

PETITIONER/ACCUSED:
——————-

BIJU ELDO, AGED 37 YEARS,
S/O.ELDO, CHUNDATTU HOUSE,
ERAMALLOOR VILLAGE, ELAMPARA KARA,
KOTHAMANGALAM TALUK.

BY ADV. SRI.PEEYUS A.KOTTAM

RESPONDENTS/COMPLAINANT:
————————

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN-682031.

2. STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
INVESTIGATING OFFICER IN
CRIME NO.3515/2017 OF
KOTHAMANGALAM POLICE STATION.

BY PUBLIC PROSECUTOR SRI.AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-11-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

mbr/

P.UBAID, J.
~~~~~~~~~~
B.A No.8225 of 2017
~~~~~~~~~~~
Dated this the 28th November, 2017

O R D E R

The petitioner herein is the sole accused in Crime

No.3515/2017 of the Kothamangalam Police Station

registered under Section 377 I.P.C and Sections 7 and 8 of

the Protection of Children from Sexual Offences Act. He

seeks regular bail under Section 439 of the Code of Criminal

Procedure. This is the petitioner’s second application for

bail. His first application was dismissed by this Court on

03.11.2017. The petitioner has been in judicial custody

since 30.09.2017.

2. The victim of offence in this case is a boy aged

15 years. On a day in May, 2017, he was found missing,

and his father made a complaint. Later, he was traced out

and rescued, and then he gave a statement to the police

disclosing the different instances of sexual abuse to which

he had been subjected by the petitioner and the two other

accused.

3. It is now submitted by the learned Public

Prosecutor that investigation is over and the Police has

B.A No.8225 of 2017
2

submitted final report in court on 24.11.2017. No other

crime of similar nature is seen reported against the

petitioner, and there is no police report regarding the bad

antecedents of the petitioner. In the circumstances where

investigation is over and final report is now before the court,

continued custody of the petitioner is not felt necessary. I

feel that he can be released on appropriate conditions.

In the result, this application for bail is allowed. The

petitioner will be released on bail on his executing a bond

with two solvent sureties for 50,000/- (Rupees Fifty

thousand only) each to the satisfaction of the court below

having jurisdiction. Bail is granted on condition that;

a. The petitioner shall not leave the State of Kerala

without the previous permission of the trial court for

sufficient reasons.

b. The petitioner shall not in any manner influence

or intimidate the witnesses and he shall not have any

contact with the material witnesses directly or over

telephone or otherwise

B.A No.8225 of 2017
3

c. The petitioner shall make a security deposit of

10,000/- in the court below as a further condition for bail.

d. The petitioner shall surrender his passport before

the court below within seven days from the date on which he

is released on bail. If he does not have passport, an

affidavit to that effect shall be filed.

e. The petitioner shall not involve in any offence of

similar nature punishable under the Indian Penal Code, or

under the Protection of Children from Sexual Offences Act,

till trial of the case is over.

Sd/-

P.UBAID
JUDGE
ma

/True copy/
P.S to Judge

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