Allowed

Hamzakutty v. State of Kerala

Kerala HC12 Jan 2016Bail Appl./8342/2015

Case brief

AI extract

What is this about?

High Court of Kerala granted bail to accused nos. 3 and 4 charged with offences under IPC and POCSO Act regarding unnatural conduct with a minor boy. Bail was allowed after investigation progressed and victim statement recorded, subject to conditions including execution of bond and non-contact with victim/witnesses.

What did the court decide?

Bail allowed subject to execution of bond for Rs. 50,000 with two sureties and conditions to not contact or influence the victim or coerce witnesses.

Hamzakutty 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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TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937

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Bail Appl..No. 8342 of 2015 ()

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CRIME NO. 1157/2015 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT

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PETITIONERS/ACCUSED NOS.3 AND 4 :

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1. HAMZAKUTTY S/O.MOHAMMED ABDURAHIMAN,

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AGED 27 YEARS, THYKKULATHIL HOUSE KARIPPOL P.O., VALANCHERY, MALAPPURAM.

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2. SAINUDHEEN S/O.KUNHALAVI, AGED 45 YEARS PATTIYIL HOUSE, KARIPPOL P.O., VALANCHERY, MALAPPURAM.

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BY ADV. SRI.JACOB SEBASTIAN

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RESPONDENTS/STATE AND VICTIM :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE VALANCHERRY POLICE STATION.

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2. SAYYID SHAHEER KOYA THANGAL,

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AGED 16 YEARS, KIZHAKKEPURATH HOUSE, CHOTTUR, KARIPPODE P.O.,

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VALANCHERY VIA., MALAPPURAM DISTRICT REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SHAMSUDHEEN KOYA THANGAL.

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R1 BY PUBLIC PROSECUTOR SRI. SREEJITH V.S. R2 BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B.A.No. 8342 of 2015

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Dated this the 12^th day of January, 2016

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ORDER

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The petitioners are the accused nos.3 and 4 in Crime No.1157/2015 of Valancherry Police Station for offences punishable under section 377 read with 34 of IPC and Sections 3, 4,7 and 8 of Protection of Children from Sexual Offences Act.

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The allegation of the prosecution is that, the petitioners along with two other persons had subjected the victim male boy aged 16 years to unnatural offences while the boy was studying in the 4^th standard onwards. It allegedly continued upto 10^th standard. On the basis of the complaint lodged, the petitioners were arrested on 07.12.202015 and they are in custody since then. They seek bail.

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Heard both sides and examined the records.

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The learned Public Prosecutor on instruction

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submitted that, Section 164 Cr.P.C statement of the victim has been recorded. A copy of it is made available. The

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B.A.No. 8342 of 2015 2

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victim has been arrayed as the 2^nd respondent herein, who appeared through the learned Counsel. The learned Counsel submitted that he has no complaint against the petitioners herein. The material on record at present shows that, there is no circumstances now available against the petitioners herein.

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Having considered the fact that the investigation has substantially progressed, Section 164 Cr.P.C statement of the victim has been recorded, I find no necessity in the further continuance of the petitioners in jail. Hence they shall be released on bail subject to the following conditions:

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(a) The petitioners shall execute a bond for a sum of `50,000/- (Rupees fifty thousand only) with two sureties for the like sum to the satisfaction of the jurisdictional court.

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(b) They shall not in any manner try to contact the de facto complainant, influence, threaten or coerce him and shall not in any manner try

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B.A.No. 8342 of 2015

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to coerce the witnesses.

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The bail application is allowed.

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Sd/- SUNIL THOMAS, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

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Hamzakutty v. State of Kerala

Case brief

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Hamzakutty v. State of Kerala

Case brief

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