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
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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
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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
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directly or over telephone or otherwise.
Sd/-
P.UBAID
JUDGE