Allowed

Motan v. State of Kerala

Kerala HC8 Oct 2013Bail Appl./6356/2013

Case brief

AI extract

What is this about?

Single accused applicant sought bail in alleged sexual assault case under IPC and POCSO against a 9-year-old. High Court allowed bail on 20,000 rupee bond with strict conditions including reporting, passport surrender, and prohibition of contact with victim or family.

What did the court decide?

Bail granted on bond of Rs. 25,000 with two solvent sureties; strict conditions imposed on reporting, passport surrender, travel, and interaction with victim.

Motan Vs State of Kerala — Child Sexual Offences (POCSO) | 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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TUESDAY, THE 8TH DAY OF OCTOBER 2013/16TH ASWINA, 1935

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Bail Appl..No. 6356 of 2013 ()

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CRIME NO. 407/2013 OF AGALI POLICE STATION , PALAKKAD DISTRICT

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APPLICANT/ACCUSED:

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MOTAN, AGED 60 YEARS, S/O.PATRAN, AYYAPPA NAGAR, PUTHUR, MANNARKKAD, PALAKKAD DISTRICT.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. P.MAYA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.BHAVADASAN, J.

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Bail Application No.6356 OF 2013 --------------------------------------Dated this the 8^th day of October, 2013.

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O R D E R

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The petitioner is the sole accused in Crime No.407/2013 of Agali Police Station who is alleged to have committed the offences punishable under Sections 450 and 376 of Indian Penal Code and Sections 5(i) and 5(m) read with Section 6 of Protection of Children from Sexual Offences Act, 2012. The allegation against the petitioner is that while the parents of the victim were away attending their work and while the victim was studying in the L.P school, she was sexually assaulted on 27.07.2013 by the petitioner.

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The petitioner would say that he is innocent and has been falsely implicated in the matter. He claims that he had not committed any act as alleged. At any rate, it is pointed out that he has been in custody from 27.07.2013 onwards and his continued custody is unnecessary.

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Learned Public Prosecutor opposed the petition and

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B.A.No.6356/2013

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pointed out that the victim was aged only 9 years at the relevant time and the allegations against the petitioner are of serious nature and the investigation is not yet complete.

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After having heard the learned counsel for the petitioner, the learned Public Prosecutor and also after having perused the records, the claim of the petitioner that he is totally innocent cannot be countenanced. There are materials as of now which would point towards him. A deeper probe into the veracity of the allegations is not warranted at this point of time. However, the petitioner has been in custody from 27.07.2013 onwards.

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Since no apprehension is expressed by the investigating agency that if the petitioner is released on bail, he is likely to abscond, his continued custody appears to be unnecessary. The application is allowed on the following conditions:

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i) The petitioner shall be released on bail on his executing a bond for 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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ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him.

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B.A.No.6356/2013

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iii) The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders.

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iv) The petitioner shall surrender his passport before the Court concerned and if does not possess a valid passport, an affidavit to that effect shall be filed before the Court concerned.

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

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vi) The petitioner shall not either directly or indirectly try to contact with the victim or her relatives.

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

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

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Sd/-

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P.BHAVADASAN JUDGE

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smp

Motan v. State of Kerala

Case brief

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Motan v. State of Kerala

Case brief

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