IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6346 of 2008() ----------------------------- CMP.4407/2008 IN CRIME NO.1055/08 OF VATAKARA POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ AMMAD, S/O.IBRAHIM, AGED 75 YEARS MEETHALE KEERANGOT HOUSE, THODANNUR P.O. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6346 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 354 and 377 of IPC. According to prosecution, the accused is running a shop and a girl, aged 7 years, came to the shop to buy sweets, on 16.9.2008. The accused molested the girl and committed certain acts which constitute offences under the IPC. 3. Learned counsel for the petitioner submitted that the petitioner was arrested on the same day of the offence and he is in custody for the past 29 days. Petitioner is aged 75 years and the incident did not occur as alleged. It was also submitted that the allegations will not constitute the offence under Section 377 IPC, but, only an offence under Section 354 IPC will be made out, which is bailable. 4. Learned public prosecutor submitted that the allegations are serious in nature. However, considering the stage of investigation, he has no objection in granting bail, but stringent conditions may be imposed ensuring that the petitioner shall not enter the limits of the police station within which the BA No.6346/08 2 crime is committed. Hence, bail is granted to the petitioner on the following terms and conditions. (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Commissioner of Police, Calicut city on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl