Allowed

Sreeni v. State of Kerala

Kerala HC9 Mar 2016Bail Appl./544/2016

Case brief

AI extract

What is this about?

In a bail application under Sections 7 and 8 of the POCSO Act, 2012, the petitioner, an auto driver, was accused of making sexual advances towards an 8-year-old passenger. The court granted pre-arrest bail, finding custodial interrogation unnecessary based on the victim's testimony.

What did the court decide?

Granted pre-arrest bail subject to conditions including appearance before the Investigation Officer within 10 days, execution of a bond for Rs. 50,000 with sureties, and non-interference with witnesse

Sreeni 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 SUNIL THOMAS

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WEDNESDAY, THE 9TH DAY OF MARCH 2016/19TH PHALGUNA, 1937

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Bail Appl..No. 544 of 2016

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CRIME NO. 108/2016 OF KODUNGALLUR POLICE STATION, THRISSUR

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PETITIONER:

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SREENI, AGED 48 YEARS, S/O.KUMARAN, CHEEREPARAMBIL, KODUNGALLOOR TALUK, ERIYAD VILLAGE, KOUDNGALLOOR - 680 666.

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BY ADVS.SRI.A.RANJITH NARAYANAN

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SMT.A.SIMI

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, REPRESENTING THE SHO, KODUNGALLOOR POLICE STATION, KOZHIKODE.

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BY PUBLIC PROSECUTOR SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B. A. No. 544 of 2016

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Dated this the 9^th day of March, 2016

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O R D E R

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The petitioner herein stands indicted in Crime No. 108/2016 of Kodungalloor Police Station for offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

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The allegation against the petitioner herein is that, on various dates prior to 06.01.2016, the petitioner herein, who is the driver of an auto rickshaw, in which the 8 year old victim girl used to travel, he made certain sexually coloured advances including touching her body. The learned counsel contended that, he is absolutely innocent and is sought to be falsely implicated. He seeks bail.

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It appears that, Section 164 Cr.P.C. statement of the girl has been recorded, a copy of which was made available at the time of hearing. It only indicates that, while the auto rickshaw was being driven by the petitioner herein, he used to turn backwards and caught hold of her hand. She asserted that, no other act was done by him. The question whether the above conduct was with a malafide motive or with a sexually coloured

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B. A. No. 544 of 2016

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intention, is a matter to be gathered from the available and attending circumstances. A custodial interrogation of the petitioner does not appear to be essential in the nature and quality of the evidence tendered now.

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Hence, I am inclined to grant pre-arrest bail to the petitioner on the following conditions:

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(i) The petitioner shall appear before the Investigation Officer within 10 days from today and shall undergo interrogation. Thereafter if he is proposed to be arrested, he shall be released on bail, on he executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each.

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(ii) He shall not threaten, coerce or intimidate

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the defacto complainant or his witnesses.

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(iii) He shall appear before the Investigation Officer as and when called for and co-operate with the investigation.

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SUNIL THOMAS, JUDGE.

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/true copy/

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P. A. to Judge

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Sreeni v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreeni v. State of Kerala

Case brief

What is this about?

What did the court decide?

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