High Court of Kerala granted extraordinary bail to the petitioner, an accused in a POCSO case, directing surrender within four days and imposing strict movement and tampering restrictions.
Petitioner granted bail on Rs. 25,000 bond with sureties; directed to surrender by 12.03.2013 and appear weekly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
WEDNESDAY, THE 6TH DAY OF MARCH 2013/15TH PHALGUNA 1934
Bail Appl..No. 1441 of 2013 ()
CRIME NO. 44/2013 OF VENMANI POLICE STATION , ALAPPUZHA DISTRICT
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PETITIONER/ACCUSED:
REMZY YESODHARAN, AGED 22 YEARS, S/O.YESODHARAN, YARA BHAVANAM, PATTOOR.P.O., PADANILAM,NOORANAD VILLAGE, MAVELIKKARA.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENTS/COMPLAINANT/STATE:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-ERNAKULAM- 682 031 (CRIME NO.44/2013 OF VENMANI POLICE STATION, ALAPPUZHA DISTRICT).PIN-682 031
2. STATION HOUSE OFFICER, VENMANI POLICE STATION,
ALAPPUZHA DISTRICT-688 509. (CRIME NO.44/2013 OF VENMANI POLICE STATION, ALAPPUZHA DISTRICT)
BY PUBLIC PROSECUTOR SRI.C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.BHAVADASAN, J.
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Dated this the 06th day of March, 2013
O R D E R
The petitioner is the second accused in Crime No. 44 of 2013 of Venmani Police Station who is alleged to have committed offences punishable under Sections 363, 366, 376 and 342 read with 34 of IPC and Sections 3 read with 4, 16 read with 17 and 18 of the Protection of Children from Sexual Offences Act and Section 23 of Juvenile Justice Act.
with a girl who was minor at the relevant time and he had promised to marry her. Later, he withdrew from his promise and made the defacto complainant to approach the police. Before the police, it seems that the first accused agreed to marry the victim after four years. Thereafter, a fresh complaint was laid.
B.A.No.1441/2013
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resided there for a day. There is no allegation against the petitioner as alleged against the first accused.
The petition is allowed as follows:
B.A.No.1441/2013
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Sd/P.BHAVADASAN, JUDGE
ds
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether extraordinary bail jurisdiction can be exercised in favour of an accused facing charges under the POCSO Act.
What conditions must the petitioner satisfy to secure bail under the extraordinary jurisdiction of the High Court.
3 provisions across 3 enactments
Remzy Yesodharan
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
