Allowed

Abdurahiman v. the Station House Officer

Kerala HC22 Sept 2015Bail Appl./5196/2015

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the petitioner accused under POCSO Section 9. He had surrendered and the investigation was in a specific stage. Bail was granted subject to bond execution, surety production, regular appearances, and non-influence of witnesses.

What did the court decide?

Bail granted on bond of 50,000 with two sureties, appearance before IO, and no interference with investigation.

Abdurahiman Vs the Station House Officer — Child Sexual Offences (POCSO) | Kerala HC (2015)

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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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TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937H

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Bail Appl..No. 5196 of 2015

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CRIME NO. 1068/2014 OF KOYILANDY POLICE STATION , KOZHIKODE DISTRICT

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PETITIONER(S)/ACCUSED :

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ABDURAHIMAN, AGED 39 YEARS,

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S/O.HAMZA, RESIDING AT KOLLARTHODIKA HOUSE, CHAYIYODE, KALIKAVE P.O., MALAPPURAM DISTRICT.

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BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH

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RESPONDENT(S)/COMPLAINANT & STATE :

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1. THE STATION HOUSE OFFICER, KOYILANDY POLICE STATION , KOZHIKODE-673 305.

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

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BY PUBLIC PROSECUTOR SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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A.HARIPRASAD, J.

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B.A. No.5196 of 2015

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Dated this the 22^nd day of September, 2015

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ORDER

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Application for bail under Section 439 of the Code of Criminal

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Procedure.

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Petitioner is the accused in Crime No.1068 of 2014 of Koyilandy Police Station registered for offences punishable under Sections 9(f), (l) & (m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012.

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Prosecution case, in short, is that the petitioner committed

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sexual assault on a boy aged 11 years. Petitioner is a madrassa teacher.

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Heard both sides.

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Petitioner surrendered before the court on 06.08.2015 and thereafter he is in custody. Learned Prosecutor submitted that a statement of the victim under Section 164 of the Code of Criminal Procedure has been recorded.

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Reckoning the stage of investigation and antecedents of the petitioner, bail is granted to him with the following conditions:

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i. Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate having jurisdiction.

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BA No.5196/2015

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ii. The sureties shall produce documents to establish their

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identity and solvency.

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iii. The petitioner shall appear before the investigating officer on all Mondays and Thursdays between 10.00 and 11.00 a.m. until final report is filed.

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iv. The petitioner shall not indulge in any offence while on

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bail.

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v. The petitioner shall not influence or intimidate the

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witnesses or meddle with the investigation in any manner.

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If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

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A. HARIPRASAD, JUDGE.

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cks

Abdurahiman v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Abdurahiman v. the Station House Officer

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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