Disposed

Moosa Haji v. State of Kerala

Kerala HC7 Mar 2014Bail Appl./1480/2014

Case brief

AI extract

What is this about?

This is an interim order granting bail directives to an accused facing charges of unnatural intercourse with a minor. The court directed the accused to surrender for interrogation, stating that bail must be granted by the Magistrate subject to stringent conditions.

What did the court decide?

Directed the accused to surrender within seven days for interrogation; Magistrate to grant bail on strict conditions.

Moosa Haji Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2014)

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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 N.K.BALAKRISHNAN

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FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935

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Bail Appl..No. 1480 of 2014 (D)

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AGAINST THE ORDER IN CRMC 239/2014 of SESSIONS COURT, MANJERI CRIME NO. 147/2014 OF VALANCHERY POLICE STATION , MALAPPURAM

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ACCUSED(S)/ACCUSED:

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MOOSA HAJI, AGED 65 YEARS S/O. MOIDEENKUTTY HAJI, UMMINIYATTIL HOUSE, KARIPPOL, MALAPPURAM DISTRICT.

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BY ADVS.SRI.M.O.GEORGE SRI.A.C.DEVY

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COMPLAINANT(S)/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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JJJ

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N.K.BALAKRISHNAN, J.

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==========================

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B.A. No. 1480 of 2014

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===================================

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Dated this the 7^th day of March, 2014

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ORDER

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Petitioner is the accused in Crime No.147/2014 of Valancheri police station, Malappuram. The offences alleged against him are under Secs. 511 of 377 and 506(i) of IPC and Sec.23 of Juvenile Justice Act. Apprehending arrest, this petition is filed.

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It is alleged that the accused attempted to have unnatural intercourse with a boy aged 16 years and he had also threatened the boy. The learned counsel for the petitioner submits that the petitioner is the convener of a Madrassa. He and others filed complaint against the person who was conducting sorcery and as retaliation this complaint has been filed through the boy who is residing nearby.

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The learned public prosecutor has strongly

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-: 2 :-

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B.A.No. 1480/2014

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opposed the petition stating that it is only a story invented by the petitioner.

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Considering all the aspects the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within seven days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions:

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a. The accused shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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b. The accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays and

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-: 3 :-

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B.A.No. 1480/2014

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Fridays between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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e. The accused shall not leave the State of Kerala without permission of the court.

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f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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sd/-

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N.K.BALAKRISHNAN, JUDGE

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das

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// True copy // PA to Judge

Moosa Haji v. State of Kerala

Case brief

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Moosa Haji v. State of Kerala

Case brief

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