Allowed

Vijayan v. State of Kerala

Kerala HC5 Mar 2014Bail Appl./1595/2014

Case brief

AI extract

What is this about?

In a bail application by an accused facing charges of molesting a minor in a hospital, the court granted bail considering the period of detention already undergone. The order imposed strict conditions including financial bonds, regular attendance, and restrictions on leaving the state.

What did the court decide?

Bail granted to the accused subject to conditions including bond, attendance, and restrictions on leaving state.

Vijayan 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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WEDNESDAY, THE 5TH DAY OF MARCH 2014/14TH PHALGUNA, 1935

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Bail Appl..No. 1595 of 2014 ()

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CRMP Nos.388/2014 & 448/2014 of ADDL.SESSIONS COURT (FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN), ERNAKULAM CRIME NO.298/2014 OF ANGAMALI POLICE STATION

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PETITIONER/ACCUSED (IN CUSTODY) :-

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VIJAYAN, AGED 52 YEARS S/O SANKARAN, PANAPILLY HOUSE, THURUTHIPARAMBA ALOOR, THRISSUR DISTRICT.

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BY ADVS.SRI.C.D.JOHNY

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SMT.MEREENA J. JOSEPH

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA, REPRSENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682031 ON BEHALF OF THE SUB INSPECTOR OF POLICE ANGAMALY POLICE STATION, ERNAKULAM DISTRICT.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.1595 of 2014

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Dated this the 5^th day of March 2014

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O R D E R

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Petitioner is the accused in Crime No.298/2014 of Angamaly Police Station. The offences alleged against him are punishable under Sec.354 of IPC and Sec.9(e) r/w 10 of Protection of Children from Sexual Offences Act, 2012.

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The victim girl was aged less than 18 years. She had gone to the hospital for treatment. The accused was the Attender of that hospital. When she was taken to the dressing room, as she felt chest pain, she told the accused as to the same. It is stated that the victim girl was almost in a semi-conscious stage and during that time, the accused lifted the top of the churidar and the inner garments and molested the victim girl. Considering the gravity of the offence, learned Addl. Sessions Judge has rightly dismissed the application for bail. Petitioner has been in custody from 7.2.2014.

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B.A. No.1595 of 2014

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-: 2 :-

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Learned counsel for the petitioner submits that considering the period of detention, he may be granted bail.

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Learned Public Prosecutor points out the gravity of the offence.

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However, considering the period of detention already undergone by the petitioner, petitioner is granted bail subject to the following conditions :-

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a. The accused shall execute a bond for 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 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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B.A. No.1595 of 2014

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-: 3 :-

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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 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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Jvt

Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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