The High Court of Kerala allowed the bail application of the petitioner, who was present at the scene of an alleged POCSO case but faced no specific overt act allegations.
Permission to be released on bail after interrogation upon executing a bond with two solvent sureties.
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 K.ABRAHAM MATHEW
THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937
Bail Appl..No.1669 of 2015
CRIME NO.1135/2014 OF KODUMON POLICE STATION,PATHANAMTITTA.
PETITIONER/ACCUSED:
DILEEP,AGED 22 YEARS,S/O.HARICHANDRAN NAIR, KUZHIVILAYIL HOUSE,KODUMON P.O, KONNI TALUK,PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.V.SETHUNATH SRI.V.R.MANORANJAN (MUVATTUPUZHA)
RESPONDENT'S/COMPLAINANT /STATE:
1. THE SUB INSPECTOR,KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT,PIN-689 649
2. STATE OF KERALA,REPRESENTEDBY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN-682030
R1& R2 BY PUBLIC PROSECUTOR SMT.R.REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
pk
K. ABRAHAM MATHEW, J.
==================== B.A. No. 1669 of 2015
====================
Dated this the 4th day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
In the result, this application is allowed.
B.A. No. 1669 of 2015
::2::
he is arrested by the Police in connection with this case.
10 a.m. to 11a.m. every Wednesday for two months or till the final report is filed, whichever is earlier.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW JUDGE
DST
//True Copy//
P.A. To Judge
2 issues framed by the court
Whether the grant of anticipatory bail is appropriate when the accused is present at the scene but no specific overt act is alleged against him.
What reasonable conditions should be imposed upon the grant of bail under Section 438 Cr.P.C.
3 provisions across 3 enactments
DILEEP
THE SUB INSPECTOR, KODUMON POLICE STATION
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
