Allowed

Suneesh v. State of Kerala

Kerala HC27 Nov 2015Bail Appl./6804/2015

Case brief

AI extract

What is this about?

The Court granted pre-arrest bail to the petitioner accused of sexual assault under Section 377 IPC and POCSO Act, ordering surrender within two weeks, execution of a bond, and compliance with standard conditions including non-interference with witnesses.

What did the court decide?

Pre-arrest bail granted; directive to surrender within two weeks; bond of Rs. 25,000 with two sureties; conditions against influencing witnesses.

Suneesh Vs State of Kerala — 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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FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937

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Bail Appl..No. 6804 of 2015

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CRIME NUMBER NOT KNOWN OF MUVATTUPUZHA POLICE STATION.

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PETITIONER(S)/ACCUSED:

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SUNEESH, S/O.SUBASH, AGED 23 YEARS, POOKUZHIYIL, 180, MUVATTUPUZHA, AVOLY PO, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT - 686 677.

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BY ADV. SRI.B.BALA PRASANNAN

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RESPONDENT(S)/COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED GOVERNMENT PLEADER,

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HIGH COURT OF KERALA, ERNAKULAM.

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2. ABHIRAM, S/O.ASHOKAN, AGED 17 YEARS,

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THALAPPILLY, AVOLY P.O,

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MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK,

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ERNAKULAM DISTRICT - 686 677,

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REPRESENTED BY HIS FATHER ASOKAN.

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R1 BY SENIOR PUBLIC PROSECUTOR SRI.SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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A.HARIPRASAD, J.

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B.A. No.6804 of 2015

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Dated this the 27^th day of November, 2015

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ORDER

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Application for pre-arrest bail under Section 438 Cr.P.C.

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Petitioner apprehends arrest at the hands of

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Muvattupuzha Police in Crime No.1224 of 2015 registered for offences punishable under Section 377 I.P.C and Section 3(a) r/w 4, 11(III) r/w Section 12 of of the Protection of Children from Sexual Offence Act. It is alleged that the petitioner subjected a minor boy to sexual assault.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Learned counsel for the petitioner submitted that he is falsely implicated in the case. The petitioner was brutally attacked by father of the second respondent and his henchmen. In connection with that Annexure A3 crime was registered. A civil police officer is also involved in the attack is the case of the petitioner. To wreck vengeance he is falsely implicated is the case. Considering the

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B.A. No.6804 of 2015 2

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nature of allegations, I deem it fit to issue following directions :

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Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, he shall be released on bail on executing a bond for Rs.25,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

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The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

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3 Petitioner shall appear before the Investigating Officer as and when directed.

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Petitioner shall not influence or intimidate witnesses.

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If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

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Sd/A.HARIPRASAD, amk JUDGE.

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//True copy//

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P.A to Judge

Suneesh v. State of Kerala

Case brief

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Suneesh v. State of Kerala

Case brief

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What did the court decide?

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