Allowed

Nasar K.P. v. State of Kerala

Kerala HC5 Oct 2016Bail Appl./6971/2016

Case brief

AI extract

What is this about?

, the High Court of Kerala allowed a bail application under Section 438 Cr.P.C. filed by a second accused in a trafficking case under the Juvenile Justice Act and IPC. The court noted the victim was a minor employed for domestic work without torture and relieved of trafficking charges.

What did the court decide?

The applicant is released on bail on execution of a bond for Rs. 30,000 with two sureties each for similar amount.

Nasar K.P. 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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

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Bail Appl..No. 6971 of 2016

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CRIME NO. 763/2016 OF CHOKLI POLICE STATION, KANNUR

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PETITIONER/2ND ACCUSED :

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NASAR K.P, AGED 46 YEARS, S/O. KUNHABDULLA, CHAMALIYIL HOUSE, KEEZHMADAM, CHOKLI, KANNUR DISTRICT.

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BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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--------------------------------------B.A No.6971 of 2016

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---------------------------------------

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Dated this the 5^th day of October, 2016

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O R D E R

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The petitioner is the second accused in Crime No.763/2016 of Chokli Police Station, registered under Section 370(4) of the Indian Penal Code and Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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The prosecution allegation can be briefly stated

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as follows:

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The first accused handed over a minor girl aged 14 years to the petitioner three years prior to 7.6.2016 and thereafter, the second and the third accused employed the said minor girl for the domestic work.

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The petitioner has filed this application under

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Section 438 Cr.P.C.

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Heard.

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It appears from the case diary that it is doubtful

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as to whether the offence of trafficking is attracted in this case. The letter of the co-ordinator to the Sub Inspector of Police, appended to the case diary, would show that the child was not

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B.A No.6971 of 2016

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subjected to any torture by the petitioner or the other accused. It is further revealed from the said letter that the minor girl opted for the domestic work due to the financial crisis in the family. Considering the facts and circumstances of the case, I am inclined to allow this application, particularly when there is no material to show that the petitioner had tortured the victim.

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In the result, this application stands allowed, and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.763/2016 of Chokli Police Station on condition of the petitioner executing a bond for 30,000/- (Rupees thirty thousand only) with two₹ solvent sureties, each for the like sum to the satisfaction of the Sub Inspector of Police of Chokli Police Station before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions;

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i) The petitioner shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months, or till

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the filing of the final report, whichever is earlier.

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B.A No.6971 of 2016

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ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. iii) The petitioner shall not get involved in any other offence of similar nature while on bail.

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Sd/B.SUDHEENDRA KUMAR, JUDGE

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//True Copy//

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P.A to Judges

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Nasar K.P. v. State of Kerala

Case brief

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Nasar K.P. v. State of Kerala

Case brief

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