Single judge order granting bail to the first accused in a rape case involving a minor under IPC and POCSO. Court imposed conditions including a bond of Rs. 70,000 and appearance before the investigation officer.
Petitioner granted bail on the execution of a bond for Rs. 70,000 with two sureties and compliance with specific conditions.
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 SUNIL THOMAS
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937
Bail Appl..No. 983 of 2016
CRIME NO. 1531/2015 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED NO.1:
TONY @ UNNI, AGED 21 YEARS, S/O. SATHEESAN, NEDIYAN MANNARA VARABIL VEEDU, NEAR ITTICHIVILA CHURCH NJAHARAKALA ERICHALLOOR DESOM, KARODE VILLAGE, NEYYATINKARA, THIRUVANANTHAPURAM.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
SUNIL THOMAS, J.
B.A.No.983 of 2016
Dated this the 26th day of February, 2016
ORDER
The petitioner is the 1st accused in Crime No.1531/2015 of Parassala Police Station for offences punishable under Sections 376 and 34 IPC and Section 3 and 4 of POCSO Act.
B.A.No.983 of 2016
2
conditions:
(a) The petitioner shall execute a bond for a sum of Rs.70,000/- (Rupees seventy thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(b) He shall appear before the Investigation Officer on all Mondays and Fridays between 9.00 a.m. and 10.00 a.m. till the final report is filed.
(c) He shall not threaten, coerce or intimidate the de facto complainant and the witnesses nor shall he interfere in the process of investigation.
(d) He shall not get involved in any other identical offences.
The bail application is allowed.
Sd/- SUNIL THOMAS, JUDGE
AD
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether bail should be granted to the accused charged with offences under Sections 376 and 34 IPC and Sections 3 and 4 of the POCSO Act.
Whether the accused can be released on bail subject to conditions regarding security, appearance before investigation officer, and non-interference.
3 provisions across 3 enactments
TONY @ UNNI
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
