Allowed

Aneesh v. Sub Inspector of Police, Mala

Kerala HC11 Jan 2016Bail Appl./26/2016

Case brief

AI extract

What is this about?

Court allowed bail to petitioner accused of rape under Section 376 IPC and POCSO Section 5(P)/6. Investigation deemed substantially complete. Bail granted with bond of Rs.50,000, personal appearance to I.O., and restrictions on movement and contact with witnesses.

What did the court decide?

Petitioner granted bail upon executing a bond of Rs.50,000 with two sureties, appearing before I.O. every Thursday, not entering Nedupuzha limits, and not interfering with investigation or witnesses.

Aneesh Vs Sub Inspector of Police, Mala — Child Sexual Offences (POCSO) | Kerala HC (2016)

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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 SUNIL THOMAS

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MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937

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Bail Appl..No. 26 of 2016 ()

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AGAINST THE ORDER IN CRMC 2597/2015 of ADDL.DISTRICT COURT, THRISSUR DATED 16-12-2015 CRIME NO. 2074/2015 OF NEDUPUZHA POLICE STATION , TRISSUR

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PETITIONER/ACCUSED:

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ANEESH AGED 24 YEARS S/O.KUTTAN, NANDHIPULAM HOUSE, PELAKKATTUKARA MARATHAKKARA, THRIKKOOR, THRISUR - DISTRICT.

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BY ADVS.SRI.M.H.HANIL KUMAR

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SRI.M.R.DHANIL SRI.A.P.VASAVAN SMT.M.R.JAYALATHA SMT.P.SREESHA

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RESPONDENTS/COMPLAINANT/STATE:

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1. SUB INSPECTOR OF POLICE NEDUPUZHA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 031.

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2. STATE OF KERALA REP. BY THE 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 BEEN FINALLY HEARD ON 11-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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=================

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B.A.No.26 of 2016

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=================

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Dated this the 11^th day of January, 2016

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ORDER

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Petitioner is the sole accused in Crime No.2074 of 2015 of the Nedupuzha Police Station for offences punishable under Section 376 of the Indian Penal Code and Section 5(P) r/w 6 of Protection of Children from Sexual Offences Act.

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The allegation of the prosecution is that on 23.11.2015, petitioner committed rape on the minor girl on an offer to marry her. This was reported to the police. Pursuant to the crime registered, petitioner was arrested on 08.12.2015 and produced on 09.12.2015 before the Court. He is in custody since then and seeks bail.

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Heard and examined the records.

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Petitioner is stated to be around 24 years of age. Even in the statement of the girl, there are indications that they were in love and the petitioner had promised to marry her on attaining majority. They have also moved to different places and ultimately on 23.11.2015, she was taken to his house wherein he allegedly committed rape on her. She revealed about this to the police on 08.12.2015. Delay has been explained by her by stating that it was

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B.A.26/16

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out of fear that she did not reveal it earlier.

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The investigation has substantially progressed. Section 164 Cr.P.C. Statement of the girl has been recorded as submitted the learned Public Prosecutor. Having regard to these facts, I feel that further custody of the petitioner is not warranted and he can be granted bail subject to the following conditions.

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(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) He shall appear before the Investigating Officer on all Thursdays between 10 a.m and 11 a.m for a period of two months from the date of his release.

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(iii) He shall not enter the limits of Nedupuzha Police Station except for the compliance of the above condition or for appearance in a Court of law wherein his presence is mandatorily required.

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(iv) He shall not threaten, coerce or intimidate the de facto complainant or the witnesses nor shall he interfere in the process of investigation.

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(v) He shall not get involved in any other identical offences.

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The bail application is allowed as above.

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Sd/- SUNIL THOMAS Judge

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Sbna/11/1/16

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True Copy

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P A to Judge

Aneesh v. Sub Inspector of Police, Mala

Case brief

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Aneesh v. Sub Inspector of Police, Mala

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