Allowed

Nidhin v. State

Kerala HC13 Aug 2012Bail Appl./5569/2012

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the first accused in a rape case involving a minor. The petitioner was confined since May 2012 and was released effective August 14, 2012, subject to specific conditions including execution of a bond, regular reporting, passport production, and non-interference with evidence.

What did the court decide?

Bail granted effective 14.8.2012 with conditions including posting of a bond of Rs. 1,00,000 with two sureties, regular attendance, and restrictions on movement and interference.

Nidhin Vs State — Child Sexual Offences (POCSO) | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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MONDAY, THE 13TH DAY OF AUGUST 2012/22ND SRAVANA 1934

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Bail Appl..No. 5569 of 2012 () -----------------------------CRMC.1495/2012 of D.C. & SESSIONS COURT, ERNAKULAM

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PETITIONER(S)/ACCUSED NO.1:-:

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NIDHIN,, AGED 20 YEARS S/O.BENNY, MEPADATHU HOUSE, PUTHENVALIKARA

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VARAPPUZHA VILLAGE, ERNAKULAM (DIST).

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BY ADV. SRI.ANIL K.MOHAMMED

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RESPONDENT(S)/COMPLAINANT:-:

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STATE, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. JASMINE V.H.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N.K.BALAKRISHNAN, J.

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B.A. No.5569 of 2012

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Dated this the 13^th day of August 2012

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O R D E R

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Petitioner is the first accused in Crime No.352/2012 of Varappuzha Police Station. The offences alleged against him and other accused are under Secs.363 and 376 r/w 34 IPC.

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It is alleged that on 14.2.2012, the petitioner pretending to be having love with a minor girl, took her forcibly and had sexual intercourse with her. It is stated that he, on several occasions, had sexual intercourse with that minor girl. Petitioner has been in custody from 19.5.2012 onwards.

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Hence, considering the period of detention already undergone by the petitioner, petitioner is granted bail with effect from 14.8.2012 subject to the following conditions :-

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a. The accused shall execute a bond for

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B.A. No.5569 of 2012

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-: 2 :-

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Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence

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B.A. No.5569 of 2012

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involved in this case and that he 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.

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e. The accused shall not leave the State of Kerala without permission of the court.

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f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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N.K.BALAKRISHNAN,

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JUDGE.

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Jvt

Nidhin v. State

Case brief

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Nidhin v. State

Case brief

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