Allowed

Basheer v. the State of Kerala

Kerala HC11 Mar 2014Bail Appl./1560/2014

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the accused in Crime No.1792/2013, alleging offences under Sec.377 IPC and POCSO, effective 13th March 2014. Bail was granted subject to execution of a bond, appearance before IO, hospitality conditions, and not leaving Kerala.

What did the court decide?

Bail granted with effect from 13.03.2014 subject to conditions: bond execution, appearance before IO Monday/Friday, affidavit against tampering, passport submission, and no exit from Kerala without pe

Basheer Vs the 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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TUESDAY, THE 11TH DAY OF MARCH 2014/20TH PHALGUNA, 1935

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Bail Appl..No. 1560 of 2014 ()

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CRIME NO. 1792/2013 OF TIRUR POLICE STATION , MALAPPURAM

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ACCUSED(S)/ACCUSED:

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BASHEER AGED 34 YEARS S/O.MOHAMMEDKUTTY, RESIDING AT CHEMMALA HOUSE CHERIYA PARAPPOOR, MALAPPURAM DISTRICT.

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BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND

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COMPLAINANT(S):

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

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R BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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das

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N.K.BALAKRISHNAN, J.

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

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B.A. No. 1560 of 2014

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

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Dated this the 11^th day of March, 2014

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ORDER

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Petitioner is the accused in Crime No.1792/2013 of Tirur Police Station, Malappuram District. The offences alleged against him are under Sec.377 of IPC and Secs.3 and 4 of Protection of Children from Sexual Offences Act.

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It is alleged that the accused had carnal intercourse against the order of nature upon three minor children and thus he committed the offences as stated above. The allegations are series.

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The learned counsel for the petitioner submits that the petitioner has been in custody from 25.01.2014 and by this time major part of the investigation is over.

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Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that he will abide by any

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-: 2 :-

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B.A. No.1560/2014

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condition that may be imposed on him, the accused is granted bail with effect from 13.03.2014 subject to the following conditions:

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a. The accused shall execute a bond for 50,000/-₹ (Rupees fifty 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 shall appear before the Investigating Officer on all Mondays and 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 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

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-: 3 :-

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B.A. No.1560/2014

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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

Basheer v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Basheer v. the State of Kerala

Case brief

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What did the court decide?

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