Allowed

Reena Joseph v. the Sub Inspector of Police

Kerala HC14 Mar 2013Bail Appl./1314/2013

Case brief

AI extract

What is this about?

As per para 24-38, the court granted bail in connected applications (including No. 1314/2013 to Reena Joseph, an accused of allegedly trafficking her under-age daughter). The grant was predicated on the final report not being filed and the statutory period expiring, imposing standard bail conditions.

What did the court decide?

The petitioner is released on bail on a bond of Rs. 15,000 with two sureties, subject to reporting, passport surrender, and restrictions on tampering.

Reena Joseph Vs the Sub Inspector of Police — Matrimonial and Divorce | Kerala HC (2013)

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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 P.BHAVADASAN

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THURSDAY, THE 14TH DAY OF MARCH 2013/23RD PHALGUNA 1934

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Bail Appl..No. 1314 of 2013 ()

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CRIME NO. 841/2012 OF NADAKKAVU POLICE STATION , KOZHIKODE DISTRICT

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PETITIONER(S)/ACCUSED:

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REENA JOSEPH, W/O.JOSEPH, AGED 32 YEARS, KACHAPPALLIL HOUSE, PATHIYIL, CHERUKAD P.O. KOORACHUNDU

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BY ADV. SRI.SUNNY MATHEW

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RESPONDENTSS)/COMPLAINANT AND STATE:

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1. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT - 673 001.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.ROY THOMAS

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2013 ALONG WITH BA. NO.1318 OF 2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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P.BHAVADASAN, J.

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Bail Application Nos.1314, 1318, 1319, 1327 & 1328 OF 2013

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Dated this the 14^th day of March, 2013.

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O R D E R

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As common issue arises for consideration in these bail

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applications, they are being disposed of by a common order.

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The common allegation against the petitioner is that she had thrown her daughter, who was aged only 16 years at the relevant time, into sex racket and offered her to various persons.

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Learned counsel appearing for the petitioner in all these cases pointed out that initial allegation was that the petitioner was engaged in prostitution and she was taken into custody on that basis. Learned counsel produced a copy of the First Information Report in Crime No.659/2012 of Medical College Police Station where the victim has given a statement to the Police. It is pointed out by the learned counsel that there is no mention in the said statement that it was her mother who had thrown her into sex racket and that is a subsequent invention of

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B.A. No.1314/2013 & conn. cases

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the Police Officer to see that the petitioner remains behind the bars. In all these cases, the petitioner has been in custody for various periods and final reports have not been filed and the statutory period is also over. Therefore, the petitioner is entitled to bail in all these cases.

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The petitions are allowed on the following conditions:

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i) The petitioner shall be released on bail in each of these cases on her executing a bond for Rs.15,000/(Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court concerned.

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ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by her.

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iii) The petitioner shall report before the Assistant Commissioner of Police, Kozhikode North on every Wednesday between 9 a.m and 10 a.m until further orders.

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iv) The petitioner shall surrender her passport before the Judicial First Class Magistrate Court concerned before which Crime No.841/2012 is pending and if does not possess a valid passport, an affidavit to that effect

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B.A. No.1314/2013 & conn. cases

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shall be filed before the Magistrate court concerned.

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v) The petitioner shall not leave the State of Kerala without prior permission of the Magistrate Court concerned.

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vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.

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vii) The petitioner shall not attempt either directly or indirectly to communicate with the victim in any manner.

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viii) If any of the condition is violated, the bail granted shall stand cancelled and the Judicial First Class Magistrate Court concerned, on being satisfied of the said fact, may take such steps as are available to him in law.

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P.BHAVADASAN JUDGE

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smp

Reena Joseph v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Reena Joseph v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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