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N.K.Abdul Sathar

High Court Of Kerala|24 November, 2014
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JUDGMENT / ORDER

Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.764/2014 of the Kannur City Police Station registered for the offences punishable under Section 7 read with Section 8, Section 9 (1) read with Section 10 and Section 11(i)(v)(vi) read with Section 12 of Protection of Children from Sexual Offences Act, 2012.
3. The petitioner is conducting a shop named 'beauty shop' near the Kannur City DIS Girls School. It is alleged that he has sexually assaulted and harassed a minor girl, who is a student of 7th standard in the said school, on several occasions after paying an amount of ₹10 each and sweets to her. The petitioner has been in custody for the period from 29.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. Investigation of this case practically over.
Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that the petitioner can be enlarged on bail on strict conditions.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) Except for observing condition No.(ii) below, the petitioner shall not enter the local limits of the Kannur City Police Station for a period of six months from today.
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 27.11.2014 for a period of six months.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B. KEMAL PASHA, JUDGE ul/-
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Title

N.K.Abdul Sathar

Court

High Court Of Kerala

JudgmentDate
24 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • K R Avinash
  • Kunnath
  • Sri
  • E Mohammed Shafi