Allowed

Omana Kuttan v. the State of Kerala

Kerala HC12 Sept 2014Bail Appl./6499/2014

Case brief

AI extract

What is this about?

In a bail application arising from POCSCO and IPC offences involving child sexual abuse, the court granted default bail under Section 167 Cr.P.C. The petitioner was released on strict conditions including bond deposit, sureties, regular appearances with IO, prohibition from entering the police station limits, non-interference with investigation, and passport surrender.

What did the court decide?

Petitioner released on bail with bond of Rs.50,000, two sureties, condition of appearing every Wednesday, not entering police station limits, and surrendering passport.

Omana Kuttan 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 A.HARIPRASAD

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FRIDAY, THE 12TH DAY OF SEPTEMBER 2014/21ST BHADRA, 1936

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Bail Appl..No. 6499 of 2014

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CRIME NO. 298/2014 OF KANAKAKUNNU POLICE STATION , ALAPPUZHA

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PETITIONER(S)/ACCUSED:

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OMANA KUTTAN, AGED 48 YEARS, S/O. SUKUMARAN, KALLELIL VEEDU, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT.

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BY ADV. SMT.S.L.SYLAJA

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RESPONDENT(S)/COMPLAINANT/STATE:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

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---------------------------------------------------B.A No. 6499 of 2014

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---------------------------------------------------Dated this the 12^th day of September 2014

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O R D E R

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Petitioner is the sole accused in crime No. 298/2014 of Kanakakunnu Police Station. He is said to have involved in offences punishable under Section 376 (2) (f)(i) of IPC, Sections 3,4, 5(d)(l)(m) of the Protection of Children from Sexual Offences Act, 2012, Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and Section 3(i)(ii)(v)(xii) of the Scheduled Caste and Scheduled Tribes (prevention of Atrocities) Act. Prosecution case is that the accused, the step father of a minor girl aged 11 years, sexually abused her on several occasions. The accused was arrested on 21.5.2014.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is seen that the petitioner is in custody for 114 days. The investigation has not been completed. The petitioner is entitled to get default bail under Section 167 Cr.P.C. Considering the facts and circumstances, I am of the opinion that the petitioner can be released on bail, but only on strict conditions.

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The petitioner shall be released on bail in the event of executing a bond for Rs.50,000/- (Rupees fifty thousand only) with

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two solvent sureties for the like sum to the satisfaction of the court below.

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The sureties shall produce documents to establish their identity and solvency.

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The petitioner shall appear before the Investigating Officer on all Wednesdays between 9 am and 10 am until final report is filed.

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The petitioner shall not enter the limits of Kanakakunnu Police Station till the trial in the case is over.

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He shall not interfere with the investigation or shall not meddle with the witnesses.

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The petitioner shall surrender his passport if any. If he does not have a passport, he shall file an affidavit stating that fact.

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A. HARIPRASAD, JUDGE

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sab

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/TRUE COPY/ PA TO JUDGE

Omana Kuttan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Omana Kuttan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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