Allowing a bail application filed under Section 439 Cr.P.C. in a case involving sexual exploitation of a minor under POCSO and IPC 392, the Court directed the release of the second accused on bond with conditions.
Petitioner released on bail on executing a bond with two solvent sureties for Rs. 25,000 each.
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 P.UBAID
FRIDAY, THE 10TH DAY OF JUNE 2016/20TH JYAISHTA, 1938
Bail Appl..No. 4254 of 2016
CRIME NO. 1388/2015 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
PETITIONER/2ND ACCUSED:
FAZEEL,
S/O.MOYIN, METRO MENTION (H), PATTANITHERUVE, NOORANI,PALAKKAD.
BY ADV. SRI.K.ANAND
RESPONDENTS/STATE AND COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT-678 001.
BY PUBLIC PROSECUTOR SMT.REMA R.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON ON 10-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
P.UBAID, J.
ORDER
The petitioner herein is the second accused in Crime No. 1388 of 2015 of the Town South Police Station, Palakkad, registered under Section 392 of the Indian Penal Code, and under Section 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 learned Sessions Judge, Palakkad on 24.5.2016. The petitioner has been in judicial custody since 14.05.2016.
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also from the minor girl. The person who actually abused the girl sexually is now on bail. The complaint given by the victim does not contain any allegation as against the petitioner herein, or that the first accused who exploited her was in any manner abetted or helped by anybody. If so, the allegation against this petitioner is doubtful. Anyway, let the factual aspects be gone into by the trial court.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for 25,000/- (Rupees Twenty Five₹
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Thousand only) each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Investigating Officer between 10.00 am to 11 a.m on all Thursdays for a period of two months.
b. The petitioner shall not leave the jurisdictional limits of Town South Police Station, Palakkad for two months.
c. The petitioner shall not enter the revenue village where the house of the victim of offence is situated, till trial of the case is over.
d. The petitioner shall not involve in any offence of similar nature, till trial of the case is over.
Sd/-
P.UBAID
JUDGE
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether the petitioner, who was the second accused in a case involving sexual exploitation of a minor, was entitled to bail.
Whether the ongoing nature of investigation was sufficient to deny bail to the accused.
3 provisions across 3 enactments
FAZEEL
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.UBAID
Parties & counsel
