IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3632 of 2010()
1. AJITH KUMAR @ THAMPAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.S.MOHANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/06/2010
O R D E R
K.HEMA, J
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B.A No.3632 OF 2010
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Dated this the 17th day of June 2010
ORDER
This petition is for bail.
2. The alleged offences are under Sections 354, 377, 511 and
376 IPC. According to prosecution, petitioner sexually assaulted de
facto complainant’s daughter who is aged nine years from his shop
when she went there for purchasing stationery items. The incident
happened in the first week of April and also prior to this, on
several occasions. FIR was registered on 15/04/2010.
3. Petitioner was arrested on 16/04/2010, and he is in
custody for the past 61 days. Learned counsel for petitioner
submitted that offence attracted in this case is only under Section
354 which is bailable. There is a delay of 4 days in lodging
complaint. It is also submitted that no injury is sustained by the
girl. But, de facto complainant’s husband is working abroad and
he is the friend of petitioner. Petitioner and de facto complainant
are not on good terms and hence, false complaint is made.
4. Learned Public Prosecutor submitted that no mother would
make an allegation against her nine year old girl, as stated in FIS.
However, it is true that as per the Wound Certificate, no injury is
caused to private part of the girl.
B.A No.3632 OF 2010 2
5. On hearing both sides and on going through the Case
Diary, particularly the Wound Certificate and the allegations made
therein and stage of investigation, I find that bail can be granted
to petitioner on stringent conditions. Hence, the following order
is passed.
Petitioner shall be released on bail on executing
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 Superintendent
of Police, Alappuzha on every Monday and
Thursday between 10 A.M and 1 P.M.
(ii) Petitioner shall not influence or intimidate any
witness or tamper with any evidence.
(iii) Petitioner shall not enter the limits of the police
station, within which the crime is registered,
except for compliance of condition No.(i).
(iv) In case the petitioner is involved in any similar
case, his bail is liable to be cancelled.
Petition is allowed.
K.HEMA
vdv JUDGE