Allowed

Shibu v. State of Kerala

Kerala HC7 Mar 2013Bail Appl./1451/2013

Case brief

AI extract

What is this about?

In a joint bail order for multiple applications concerning the sexual assault of a minor girl, the High Court allowed bail on conditions including surrendering passports, reporting weekly to the investigating officer, and not leaving Kerala without permission.

What did the court decide?

Bail granted subject to bond of Rs. 25,000, conditions of weekly reporting, passport surrender, non-exit from Kerala, and no tampering with witnesses or evidence.

Shibu Vs State of Kerala — Bail and Remand | 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 7TH DAY OF MARCH 2013/16TH PHALGUNA 1934

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Bail Appl..No. 1451 of 2013 (A)

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[CRIME NO. 1691/2012 OF PANANGAD POLICE STATION , ERNAKULAM DISTRICT]

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PETITIONER/ACCUSED NO.1:

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SHIBU, AGED 31 YEARS, SON OF JOB, ARACKAL HOUSE, MARADY VILLAGE, MARADY P.O.

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BY ADVS.SRI.A.CHERIAN, SRI.NAVEEN THOMAS.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. C. RASHEED.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2013, ALONG WITH B.A. NO.1452/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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P. BHAVADASAN, J.

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- - - - B.A. Nos. 1451, 1452, 1467 & 1469 of 2013

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- - - - Dated this the 7^th day of March, 2013.

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ORDER

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As common issue arises for consideration in these bail applications, they are being disposed of by a common order. Though different crimes have been registered against different persons, all are concerned with the allegation regarding the violation of the body of a maiden aged 17 years. The petitioners in these applications are said to have sexually assaulted the victim on various occasions.

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The petitioners would say that they are innocent and have been falsely implicated. At any rate, according to them, they have been in custody from 27.12.2012 onwards and their continued custody is unnecessary.

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Learned Public Prosecutor pointed out that the investigation is still going on and the there are materials to

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B.A.1451/2013 & con.cases.

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show that the petitioners are involved in the incident as alleged.

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CD was made available for perusal. It discloses yet another instance of the deplorable plight of an young girl who is abandoned even by her parents and infact one would notice that they have let others to sexually exploit her. Whatever that be, the petitioners have been in custody from 27.12.2012 onwards and since no apprehension is expressed by the investigating agency that if the petitioners are released on bail, they are likely to abscond, their continued custody appears to be unnecessary.

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Therefore, this application is allowed on the following conditions:

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i) Petitioners shall be released on bail on each of them executing a bond for a sum of Rs.25,000/(Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the court concerned.

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B.A.1451/2013 & con.cases.

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ii) The court concerned may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond.

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iii) Petitioners shall report before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m. till final report is laid.

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iv) Petitioners shall surrender their passports before the court concerned, and they are not having passports, affidavits to that effect shall be filed before the court concerned.

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v) Petitioners shall not leave the State of Kerala without the permission of the court concerned.

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vi) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

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vii) If any of the conditions is violated, bail granted to the petitioners shall stand cancelled, and the

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B.A.1451/2013 & con.cases.

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court concerned may take such steps as are available to him in law.

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P. BHAVADASAN, JUDGE

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sb.

Shibu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shibu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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