The High Court of Kerala granted bail to the first accused in a POCSO case alleging rape of a minor. The petitioner had faced 45 days of custody and pledged to abide by strict conditions.
Petitioner granted bail subject to execution of a bond with two sureties, reporting to I.O., surrendering passport, and not leaving the country.
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 N.K.BALAKRISHNAN
TUESDAY, THE 18TH DAY OF MARCH 2014/27TH PHALGUNA, 1935
Bail Appl..No. 1380 of 2014 (B)
AGAINST THE ORDER IN Bail Appl. 821/2014 of HIGH COURT OF KERALA DATED 06-02-2014 CRIME NO. 65/2014 OF MATTANNUR POLICE STATION , KANNUR DISTRICT
ACCUSED(S)/1ST ACCUSED:
M.T.NAZAR AGED 41 YEARS S/O.MOIDUTTY HAJI, MACHINGATHODI HOUSE MUDHUTHALA VILLAGE, KODUMUNDA P.O., PALAKKAD DISTRICT.
BY ADV. SRI.M.S.BREEZ
COMPLAINANT(S):
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. THE STATION HOUSE OFFICER MATTANNUR POLICE STATION (CRIME NO.65 OF 2014 OF MATTANNUR POLICE STATION KANNUR DISTRICT).
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
B.A. No. 1380 of 2014
Dated this the 18th day of March, 2014
O R D E R
The petitioner is the 1st accused in Crime No.65/2014 of Mattannur Police Station, Kannur District. Offences alleged against him and other accused are under section 376 of IPC and Section 3(a) r/w 4 of Protection of Children from Sexual Offences Act. The petitioner has been in custody since 17.01.2014.
available the minor girl to be sexually used by the first accused under the pretext that he would marry her. It is
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stated that while he was staying in that house, during night, the accused trespassed into the bedroom of the complainant
girl and from there she was raped by the petitioner herein.
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(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Special Judge/Sessions Judge. If in case the Special Judge/Sessions Judge has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Special Judge/Sessions Judge can insist for production of the attested photo copies of the original title deeds of the sureties.
(ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
(iii) The petitioner shall surrender his original passport before the learned Special Judge/Sessions Judge. If he is not having any valid passport, he
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should file an affidavit regarding the same before the Special Judge/Sessions Judge.
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The passport will be produced and/or the affidavit
mentioned earlier will be filed within 10 days from the date
of release from jail.
Sd/-
N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
2 issues framed by the court
Whether bail should be granted to the first accused during the pendency of the trial considering the period of detention and his submission to abide by conditions.
Whether the petitioner shall execute a bond with solvent sureties and comply with conditions prohibiting tampering with evidence or leaving the country.
2 provisions across 2 enactments
M.T. Nazir
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
