IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4724 of 2008() ----------------------------- (IN THE MATTER OF CRIME NO. 422/2008 OF PERAMBRA POLICE) PETITIONER/ACCUSED : ------------------- SABU, AGED 28/2008, S/O.GOPALAN, EDATHINTE VALAPPIL HOUSE, POST MUTHUKAD, PERUVANNAMUZHI, CHAKKITTAPPARA AMSOM, MUTHUKAD DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P RESPONDENT/COMPLAINANT: ------------------------ STATE REP.BY SHO PERAMBRA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4724 OF 2008 ------------------------------ Dated this the 28th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 354 and 366(A) of IPC. According to the prosecution, the petitioner took the minor girl on his motor bike and he caught hold of her and outraged her modesty. On the basis of a complaint filed by the mother of the girl, a crime was registered against the petitioner under Sections 354 and 366(A) of IPC. 3. The petitioner was arrested on 12.07.2008 and he was remanded to custody. As per the allegations in the complaint, the petitioner and the victim were known to each other and she was offered a lift by the petitioner on his motor bike. But, on reaching a particular place, she wanted a water lily and therefore, the bike was stopped and the flower was plucked by the petitioner and handed over to her. From there, the petitioner held her hand, allegedly with intend to outrage her modesty, and hence she cried aloud. The petitioner left the girl and escaped in the motor bike. The people of the locality gathered there and a complaint was lodged by the B.A.4724/2008 2 child's mother. 3. The petitioner is in custody for the past 16 days. Taking into consideration the stage of investigation, learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. Hence petitioner is granted bail on the following terms and conditions: (i) The 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) The petitioner shall report before the Investigating Officer on every alternate Saturday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not influence or intimidate any witness 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 pac