Shaji Joseph, Aged 36 vs State Of Kerala, Represented By on 31 May, 2012

Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 3139 of 2010()

1. SHAJI JOSEPH, AGED 36,

... Petitioner

1. STATE OF KERALA, REPRESENTED BY ... Respondent

2. SUB INSPECTOR OF POLICE,

For Petitioner :SRI.K.RAMACHANDRAN For Respondent :PUBLIC PROSECUTOR The Hon'ble MRS. Justice K.HEMA Dated :31/05/2012

O R D E R

K.HEMA, J

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Bail Application No.3139 of 2010 -------------------------------------------- Dated this the 3rd day of June 2010 ORDER

This petition is for bail.

2. The alleged offences are under Sections 511 and 376 of the Indian Penal Code. According to prosecution, petitioner has allegedly attempted to commit rape on a girl aged six years on 28/04/2010.

3. Petitioner was arrested on 05/05/2010 and he is in custody for the past 28 days. Learned Public Prosecutor submitted that the allegation is only "fingering" and hence, offence under Section 376 is not involved in this case and at the most, offence allegedly committed will fall under Section 354 of Indian Penal Code which is bailable, in the light of the decisions of this court in Chenthamara v State of Kerala (2008(4) KLT 290) and Santhosh Madhavan v Circle Inspector of Police (2008(3) KLT 558). Learned Public Prosecutor submitted that the allegation is fingering etc.

5. On hearing both sides, I am satisfied that bail can be granted to the petitioner on stringent conditions. Hence, the following order is passed:

Bail Application No.3139 of 2010 2 Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday Thursday and Saturday between 10 A.M and 1 P.M until further orders. (ii) Petitioners shall not enter the limits of the police Station within which the crime is registered, except for compliance of condition No.(i).

(iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. (iv) In case petitioner is involved in any similar crime, his bail is liable to be cancelled. Petition is allowed.

Sd/-

K.HEMA, JUDGE

//TRUE COPY//

vdv

P.A TO JUDGE