The High Court of Kerala granted bail to the sole accused in a rape and POCSO case after finding that continued custody was unnecessary despite the serious charges.
Petitioner released on bail with a bond of Rs. 25,000 with two sureties; conditions imposed on reporting, passport surrender, and non-exit from Kerala.
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 20TH DAY OF MARCH 2013/29TH PHALGUNA 1934
Bail Appl..No. 2099 of 2013 ()
CRIME NO. 109/2013 OF MANJESHWAR POLICE STATION , KASARAGOD.
PETITIONER/ACCUSED:-
B.A. MOHAMMED FAROOQUE, AGED 25 YEARS, S/O.ABDULLA, AMAN MANZIL, UPPALA, BEHIND HANAFI MOSQUE, BAPPAYATHOTTI, UPPALA VILLAGE AND POST, KASARAGOD TALUK & DISTRICT.
BY ADV. SRI.S.JIJI.
RESPONDENT/STATE:-
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P. BHAVADASAN, J.
ORDER
The petitioner is the sole accused in Crime No. 109
of 2013 Manjeshwar Police Station who is alleged to have committed offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act.
and has come down on vacation. He has not committed any act which constitute an offence. He would say that he is innocent and has been falsely implicated. According to him, he has no relationship with the girl. At any rate, according to him, he has been in custody from 16.02.2013 onwards and his continued custody is unnecessary.
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the release the petitioner now on bail.
The petition is allowed as follows:
i) Petitioner shall be released on bail on his 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 JFCM court concerned.
ii) The learned Magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time
B.A.No.2099/2013
3
of executing the bond.
iii) Petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m. till final report is laid.
iv) Petitioner shall surrender his passport before the JFCM court concerned, and if he does not possess a passport, an affidavit to that effect shall be filed.
v) Petitioner shall not leave the State of Kerala without the prior permission of the Magistrate concerned.
vi) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
vii) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled, and the JFCM concerned may take such steps as are available to him in law.
P. BHAVADASAN, JUDGE
ds
3 issues framed by the court
Whether the petitioner should be granted bail given the nature of the offence and lack of absconding apprehension initially.
What conditions should be imposed on the petitioner's bail to prevent tampering with evidence and ensuring appearance.
Whether the petitioner has valid grounds to claim innocence and necessity for release from custody.
2 provisions across 2 enactments
B.A. MOHAMMED FAROOQUE
STATE OF KERALA
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
