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Sarath K.R vs State Of Kerala on 8 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.UBAID

MONDAY ,THE 08TH DAY OF OCTOBER 2018 / 16TH ASWINA, 1940

Bail Appl..No. 6879 of 2018

AGAINST THE ORDER/JUDGMENT IN Bail Appl. 6378/2017 of
HIGHCOURT

CRIME NO. 1260/2017 OF Thenmala Police Station , Kollam

PETITIONERS/ACCUSED NO. 5 TO 7:

1 SARATH K.R.
AGED 35 YEARS
KARIPPERI HOUSE, NEAR MAHALAKSHMI TEMPLE RENT
HOUSE, CHOVUUR PO, THRISSUR DISTRICT

2 SUJITH,
KURUBEPARAMPIL, NEDUPUZHA P.O., PANAMUKKU,
THRISSUR DISTRICT.

3 DEEPAK,
ALUMPARAMPIL HOUSE, PAZHUVIL WEST P.O.,
THRISSUR DISTRICT.

BY ADV. SRI.RENJIT GEORGE

RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682031

2 SUB-INSPECTOR OF POLICE,
THENMALA POLICE STATION,
KOLLAM DISTRICT, PIN-691 308.

OTHER PRESENT:
SRI.C.K.PRASAD (PUBLIC PROSECUTOR)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 6879 of 2018
-2-

O R D E R

The petitioners herein are the accused

Nos. 5 to 7 in Crime No. 1260 of 2017 of the

Thenmala Police Station. They seek pre-arrest bail

under Section 438 Cr.P.C.. As per the order dated

19.09.2017 in B.A. No. 6378 of 2017, this Court has

already granted pre-arrest bail to the third

accused on the prima facie finding that what is

revealed at the best by the prosecution records is

an instance of assault under Section 324 IPC,

besides other offences, and that for a prosecution

under Section 354 IPC, something more is required

by way of sexual intent. Such elements are not

seen prima facie in the complaint and other

records. In the above circumstances, I feel it

appropriate to grant pre-arrest bail to the

petitioners.

In the result, this petition for pre-

arrest bail is allowed. The petitioners are
Bail Appl..No. 6879 of 2018
-3-

ordered to be released on bail on their executing

bond with two solvent sureties for Rs.30,000/-

(Rupees Thirty Thousand only) each to the

satisfaction of the arresting officer or the court

below having jurisdiction, in case of their arrest

in connection with Crime No. 1260 of 2017 of the

Thenmala Police Station. Bail is granted on

condition that

a) The petitioners shall report

before the Investigating Officer between 10

a.m. and 11 a.m. on all Mondays for a period

of six weeks.

b) The petitioners shall not leave

the limits of Thenmala Police Station for a

period of six weeks.

c) The petitioners shall not in

any manner influence or intimidate the

material witnesses, or they shall not have

any contact with the material witnesses
Bail Appl..No. 6879 of 2018
-4-

directly or over telephone or otherwise.

Sd/-

P.UBAID

JUDGE

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