High Court of Kerala allowed a bail application by an accused alleging involvement in trafficking and molesting a minor. The court granted bail subject to execution of a bond, reporting to the investigating officer, and surrendering the passport.
Petitioner released on bail via bond of Rs. 25,000 with two sureties, subject to reporting and other conditions.
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
THURSDAY, THE 14TH DAY OF MARCH 2013/23RD PHALGUNA 1934
Bail Appl..No. 1806 of 2013 ()
CRIME NO. 568/2012 OF MEDICAL COLLEGE POLICE STATION , KOZHIKODE
PETITIONER(S)/ACCUSED:
P.V.MUKUNDAN, 54 YEARS,
S/O.K.K.GOPALAN, " KANAKALAYAM ", MUZHAPALA POST, ANJARAKANDY, KANNUR.
BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR
RESPONDENT(S)/COMPLAINANT/STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.ROY THOMAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
P.BHAVADASAN, J.
Bail Application No.1806 OF 2013 ---------------------------------------
Dated this the 14th day of March, 2013.
O R D E R
The petitioner is 8th accused in Crime No.568/2012 of Medical College Police Station, Kozhikode who is alleged to have committed the offences punishable under Sections 366A and 376 of the Indian Penal Code and Sections 5, 6 and 8 of Immoral Traffic (Prevention) Act and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. The allegation against the 1st and 3rd accused is that they procured a minor girl for prostitution and presented her to various persons.
to him, he has been in custody from 19.02.2013 and his
B.A. No.1806/2013
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continued custody is unnecessary.
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the investigating agency that if released on bail, the petitioner is
likely to abscond, his continued custody appears to be unnecessary. The application is allowed on the following conditions:
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P.BHAVADASAN JUDGE
smp
3 issues framed by the court
Whether the petitioner is entitled to bail in a criminal case involving offences of trafficking and molesting a minor.
Whether granting bail on specific conditions is appropriate given the stage of investigation.
Whether the petitioner's continued custody is justified or unnecessary.
3 provisions across 3 enactments
P.V.MUKUNDAN
STATE OF KERALA
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
