Allowed

E.K. Pareeth v. State of Kerala

Kerala HC19 Aug 2016Bail Appl./5725/2016

Case brief

AI extract

What is this about?

The High Court of Kerala discharged bail for the accused in a POCSO and rape case. Finding the investigation practically complete, the Court allowed regular bail subject to strict conditions including reporting, territorial restrictions, passport surrender, and no contact with witnesses.

What did the court decide?

Regular bail allowed on bond with two sureties for Rs. 1 Lakh each, security deposit of Rs. 25,000, and specific conditions regarding reporting, travel, witness contact, and conduct.

E.K. Pareeth 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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FRIDAY, THE 19TH DAY OF AUGUST 2016/28TH SRAVANA, 1938

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Bail Appl..No. 5725 of 2016

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CRIME NO. 1039/2016 OF KURUPPAMPADY POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED :

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E.K. PAREETH,

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AGED 55 YEARS, S/O. KUTTY, EDAYALIL HOUSE, ERAMALLOOR P.O. KOTHAMANGALAM-686 691.

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BY ADV. SRI.A.P.SUBHASH

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SMT LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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P. UBAID, J

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--------------------------------- B.A.No.5725 of 2016

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Dated this the 19^th day of August, 2016

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O R D E R

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The petitioner herein is the accused in Crime No.1039/2016 of the Kuruppampady Police Station, registered under Section 376 IPC and under Section 3(b) read with Sections 4 and 7 read with 8 of the Protection of Children from Sexual Offences Act (for short, 'the POCSO Act'). He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the petitioner's second application for bail. His first application was dismissed by this Court on 14.07.2016.

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The victim of offence in this case is a small girl aged 4 ½ years. The prosecution case is that at about 11 am. on 27.5.2016 the petitioner herein sexually harassed and abused the victim at his residence.

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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, he will definitely obstruct the investigation.

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On hearing both sides, and on a perusal of the

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B.A.No.5725 of 2016

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materials including the case diary and the report of the investigating officer, 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, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioner in custody. However, some reasonable conditions for bail are felt necessary in the particular facts and circumstances.

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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 Rs.1 Lakh (Rupees One Lakh only) each to the satisfaction of the learned Magistrate or the learned Special Judge having jurisdiction. Bail is granted on condition that;

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a. The petitioner shall report before the Circle Inspector of Police, Muvattupuzha between 10.00 am and 11.00 am on all Thursdays for a period of three months.

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b. The petitioner shall not enter the jurisdictional limits of the Kuruppampady Police Station, and specifically the revenue village where the house of the victim is situated, till the whole trial process is over, unless otherwise permitted by

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B.A.No.5725 of 2016 3

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the trial court in due course for sufficient reasons.

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c. The petitioner shall not leave the State of Kerala without the previous permission from the trial court.

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d. The petitioner shall surrender his passport in the court below within seven days from the date on which he released. If he does not have passport, he will file an affidavit to that effect.

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e. The petitioner shall make a security deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) in the court below as a further condition for bail. The amount of security deposit will be released on conclusion of trial. It will be subject to forfeiture in case of absence during trial without sufficient reason.

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f. The petitioner shall not in any manner influence or intimidate the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.

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g. The petitioner shall not involve in any offence under the POCSO Act, or any sexual offence under the Indian Penal Code, till trial of the case is over.

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// True Copy //

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P.A. to Judge

E.K. Pareeth v. State of Kerala

Case brief

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E.K. Pareeth v. State of Kerala

Case brief

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