Kerala High Court
Xxx vs State Of Kerala on 3 August, 2021
BAIL APPL. NO. 5275 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
BAIL APPL. NO. 5275 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 2412/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,HOSDRUG, KASARGOD
(CRIME NO. 496 OF 2021 OF HOSDURG POLICE STATION, KASARAGODE
DISTRICT)
PETITIONER/ACCUSED
XXX
X
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
SHRUTHI SARA JACOB
RESPONDENTS/STATE AND INVESTIGATING OFFICER:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 STATION HOUSE OFFICER
HOSDURG POLICE STATION, KASARAGOD - 671 315.
OTHER PRESENT:
SRI. C.N.PRABHAKARAN- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5275 OF 2021 2
ORDER
Application for regular bail filed under Section 439 of the Code of
Criminal Procedure.
2. The petitioner is the sole accused in Crime No.496 of 2021 of
Hosdurg Police Station, Kasaragode District registered for the offences
punishable under Section 328 of the Indian Penal Code, 1860 and
Sections 75 and 77 of the Juvenile Justice (Care and Protection of
Children) Act, 2015.
3. He has been in custody since 28.06.2021.
4. The allegation is that on 27.6.2021 at 10.a.m, the petitioner has
made his eight year old daughter to drink beer fully knowing that it is
injurious to her health and thereby committed the aforesaid offences.
5. Heard the learned counsel for the petitioner as well the learned
Public Prosecutor.
6. The learned counsel for the petitioner has submitted that in fact
he has stored beer in his house for his use and when he was about to
drink the same, he received a call from his friend from a hospital seeking
his help. So he immediately rushed to the hospital without keeping the
beer in a safe place. Unfortunately his daughter consumed the same
without his knowledge. But he has not committed any offence as alleged
by the prosecution. When he came to know that she consumed the beer
he immediately removed her to the hospital for treatment. But he is
undergoing incarceration right from the date of his arrest and hence, this
application.
7. On a perusal of the records available before me, it could be seen
that the investigation of the case is practically over.
8. Considering the period of detention undergone by him in
custody, the present stage of investigation as well the other facts and
circumstances involved in this case, I am inclined to release him on bail
subject to the following conditions.
(i) The petitioner shall be released on bail on his executing bond for a
sum of Rs.50,0000 /- (Rupees fifty thousand only) with two solvent
sureties for the like sum each to the satisfaction of the court having
jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for
interrogation as and when required by him, in writing, till filing of the
final report.
(iii) The petitioner shall not directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the court or to any
police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the
learned Magistrate is empowered to cancel the bail in accordance
with the law.
Sd/-
SHIRCY V.
smm JUDGE
