Allowed

G. Dinesh v. State of Kerala

Kerala HC24 May 2016Bail Appl./3757/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to the petitioner, an accused person charged with offences under 354-A IPC and POCSO. While noting the serious nature of the offences, the Court allowed bail on the condition that investigation is practically over and directed the petitioner to impose specific reporting and non-interference conditions with the victim and witnesses.

What did the court decide?

Petitioner released on bail with two solvent sureties for Rs. 50,000 each, subject to conditions of reporting to police, non-entry into victim's village, and no contact with witnesses.

G. Dinesh Vs State of Kerala — 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 P.UBAID

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TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938

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Bail Appl..No. 3757 of 2016

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CRIME NO. 693/2016 OF PARAVUR POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED :

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G. DINESH,

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AGED 36, S/O.GOPALAKRISHNAN, MANOJ BHAVAN, CHARUPPURAM, POOTHAKKULAM CHERRY, POOTHAKKULAM VILLAGE, KOLLAM DISTRICT.

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BY ADV. SRI.V.VENUGOPALAN NAIR

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RESPONDENT(S)/COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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2. THE SUB INSPECTOR OF POLICE, PARAVUR POLICE STATION, KOLLAM DISTRICT.

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

P. UBAID, J.

B.A.No.3757 of 2016

Dated this the 24^th day of May, 2016

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O R D E R

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The petitioner herein is the accused in Crime

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No.693/2016 of the Paravur Police Station, Kollam, registered under Section 354-A IPC and Sections 7 & 8 of the Protection of Children from Sexual Offences Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the Sessions Court, Kollam on 29.04.2016. The petitioner has been in judicial custody since 08.04.2016.

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The prosecution case is that at about 11 P.M. on 08.01.2016, the petitioner herein outraged a girl aged 14 years, he touched on her chest and stomach, and hugged her with sexual intent. The complaint in this case shows that the petitioner herein is the paramour of the victim's mother. On a perusal of the case diary, I find that the petitioner is not involved in any other offences of similar nature. However, being a person residing with the victim's family, appropriate condition to avert

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B.A.No.3757 of 2016

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any possibility of repeating similar offence will have to be imposed.

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This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, it will definitely obstruct the investigation.

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On hearing both sides, and on a perusal of the materials including the case diary and the police report, I find that investigation in this case is practically over, and that the petitioner can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses. The police has already collected the necessary materials for a prosecution, and I do not find the necessity of continued detention of the petitioner in custody. However, the petitioner will have to be directed to report before the Investigating Officer periodically, to ensure that the remaining part of investigation is not in any manner obstructed. Some other reasonable conditions are also felt necessary in the particular facts and circumstances.

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In the result, this application for bail is allowed. The

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B.A.No.3757 of 2016 3

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petitioner will be released on bail on his executing a bond with two solvent sureties for Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the Special Court, Kollam. Bail is granted on condition that;

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a. The petitioner shall report before the Circle Inspector

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of Police, South Paravur between 10.00 a.m. to 11 a.m on all Saturdays for a period of three months.

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b. The petitioner shall not enter the revenue village where the house of the victim is situated, till the trial of the case is over, unless otherwise modified by the trial court at the right stage.

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c. The petitioner shall not in any manner influence or

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intimidate the witnesses and he shall not have any contact with the material witnesses directly or over telephone or otherwise.

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Sd/P. UBAID, JUDGE

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// True Copy // P.A. to Judge

G. Dinesh v. State of Kerala

Case brief

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G. Dinesh v. State of Kerala

Case brief

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