IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 489 of 2008()
1. GIREESH, S/O. NARAYANAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SANTHARAM.P
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/01/2008
O R D E R
R.BASANT, J
------------------------------------
B.A.No.489 of 2008
-------------------------------------
Dated this the 29th day of January, 2008
ORDER
Application for regular bail. Petitioner faces allegations for
offences punishable under Sections 323 and 377 I.P.C. He had
allegedly forced a child, aged 14 years, to have sexual intercourse
with him against the order of nature on 15.01.08. The brother of
the victim child, who went in search of the child, as the child did
not return home in time, happened to see the indiscretion
committed by the petitioner. The child explained that he was
forcibly taken away by the petitioner to subject him to such
unnatural carnal intercourse against the order of nature. The
petitioner was arrested on 16.01.08. Investigation is in progress.
Final report has not been filed. The petitioner continues in
custody from 16.01.08.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer on
condition that the investigator is given reasonable further time to
complete the investigation and I am satisfied that the petitioner
can now be directed to be released on bail subject to appropriate
terms and conditions.
B.A.No.489 of 2008 2
3. In the result, this application is allowed. The petitioner
shall be released on bail on the following terms and conditions.
i) The petitioner shall not be released on the strength of
this order prior to 11.02.2008. The Investigators shall in the
meantime make every endeavour to complete the investigation;
ii) The petitioner shall execute a bond for Rs.50,000/-
(Rupees Fifty thousand only) with two solvent sureties each for
the like sum to the satisfaction of the learned Magistrate;
iii) The petitioner shall make himself available for
interrogation before the Investigating Officer between 10 a.m and
12 noon on all Mondays and Fridays for a period of 2 months from
the date of his release and thereafter as and when directed by
the Investigating Officer in writing to do so.
(R.BASANT, JUDGE)
rtr/-