IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936

Crl.MC.No. 6663 of 2014

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AGAINST THE ORDER/JUDGMENT IN CRL.MP 2460/2014 of SESSIONS COURT,

KOTTAYAM DATED 04-11-2014

CRIME NO. 1119/2014 OF GANDHINAGAR POLICE STATION , KOTTAYAM

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PETITIONER(S)/ACCUSED:

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VINEESH, AGED 23 YEARS

S/O.KUNJUMON, THAIPARAMBIL HOUSE, I.E.NAGAR.P.O,

VAZHAPPALLY EAST VILLAGE,

NOW RESIDING AT THAIPARAMBIL HOUSE

NEAR PODIPARA SCHOOL, PAIPPAD VILLAGE

CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

BY ADVS.SRI.K.SHAJ

SRI.SAJJU.S

SRI.RENJIT GEORGE

SRI.RENJITH.R.NAIR

SMT.ANJU MOHAN

SRI.S.K.SUJITH KRISHNA

SRI.S.VISHNU (ARIKKATTIL)

SRI.M.K.HARIPRIYESH

RESPONDENTS:

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1. STATE OF KERALA,

REPRESENTED BY PUBLIC PROSECUTOR

HIGH COURT OF KERALA, ERNAKULAM-689645.

2. SUB INSPECTOR OF POLICE,

GANDHINAGAR POLICE STATION, GANDHINAGAR-689611.

BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

ON 15-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

PJ

Crl.MC.No. 6663 of 2014

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APPENDIX

PETITIONER(S)' ANNEXURES

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ANNEXURE-A1 THE TRUE COPY OF THE ORDER DATED 04-11-2013 IN

CRL.M.P.2460/2014 IN THE COURT OF SESSIONS,KOTTAYAM.

RESPONDENT(S)' ANNEXURES

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NIL.

/ TRUE COPY /

P.S. TO JUDGE

PJ

B.KEMAL PASHA, J.

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Crl.M.C. No.6663 of 2014

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Dated this the 15^th day of January, 2015

O R D E R

Petitioner is accused in Crime No.1119/2014 of the

Gandhinagar Police Station registered for the offence

punishable under Sections 376(2) (i) and 450 IPC and

Section 3 read with Section 4 of the Protection of Children

from Sexual Offences Act, 2012 (for short ‘the POCSO Act’).

2. The learned sessions judge while enlarging the

petitioner on bail through order dated 04.11.2014 in Crl.M.P

No.2460 of 2014, has imposed condition No.1 as follows:

“The petitioner shall deposit ₹1,00,000/- (Rupees

One Lakh only) with the S.H.O.”

According to the petitioner, the said condition imposed by

the court below is illegal and the same is liable to be lifted.

CRL.M.C.No.6663 of 2014

-: 2 :-

3. I have obtained a detailed report from the

investigating officer. The investigating officer has reported

that the petitioner is accused in

1. Crime No.425/2011 U/s.341, 427 IPC.

2. Crime No.2352/2012 U/s.279 IPC.

3. Crime No.2029/2012 U/s.118 A of the K P Act.

4. Crime No.204/2013 U/s.341, 294(b), 308, 427

IPC.

5. Crime No.725/2013 U/s.107 Cr.P.C.

6. Crime No.1040/2013 U/s.143, 147, 148, 294(b),

506(ii), 450, 308, 395 & 427 r/w 149 IPC.

7. Crime No.1034/2013 U/s.323, 341, 294(b) IPC.

8. Crime No.681/2013 U/s.143, 147, 148, 341, 294

(b), 427, 323 & 324 r/w 149 IPC.

9. Crime No.434/2014 U/s.452, 326, 427, 34 IPC

All the said cases are of the Changanassery

Police Station.

4. It has been further reported that in gross violation of

the orders in Kerala Antisocial Activities Prevention Act, 2007

(for short ‘the KAAPA) proceedings against him, he has

committed the offence in this case by entering unlawfully in

CRL.M.C.No.6663 of 2014

-: 3 :-

Kottayam district, for which another crime as Crime No.2485

of 2014 has been registered under Section 15(4) and 19 of

the KAAPA.

5. It seems that the petitioner is a hardcore criminal

involved in a series of serious criminal cases. At the same

time, I am of the view that condition No.1 imposed by the

court below can be lifted after modifying the bail conditions.

In the result, condition No.1 in the impugned order is

lif