Allowed

Dennis v. Sub Inspector of Police

Kerala HC4 Apr 2017Bail Appl./1933/2017

Case brief

AI extract

What is this about?

This court granted anticipatory bail to a petitioner accused of offences under POCSO and IPC. The petitioner was released on conditions including executing a bond, surrendering passport, and refraining from contacting the victim or tampering with evidence.

What did the court decide?

Petitioner released on bail on executing a bond for Rs.25,000 with two solvent sureties, subject to conditions of passport surrender, no communication with victim, and surrender to investigation.

Dennis Vs Sub Inspector of Police — Child Sexual Offences (POCSO) | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939

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Bail Appl..No. 1933 of 2017 () ------------------------------CRIME NO. 90/2017 OF UPPUTHARA POLICE STATION, IDUKKI

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PETITIONER(S):

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DENNIS, S/O. DEVASYA, AGED 24 YEARS, KURUVILANGAD HOUSE, MUNDAKKAYAM BHAGAM, KORUTHODU VILLAGE, KOTTAYAM DISTRICT

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BY ADV. SMT.G.KRISHNAKUMARI

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RESPONDENT(S):

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SUB INSPECTOR OF POLICE, UPPUTHARA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-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 04-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SKG

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K.ABRAHAM MATHEW, J.

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--------------------------------------B.A.No.1933 of 2017

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Dated this the 4^th day of April, 2017

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Petition filed under Section 438 Cr.P.C.

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The petitioner is accused in Crime No.90/2017 of

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Upputhara Police Station registered for the offences under Sections 294(b), 323, 427 and 452 IPC and Sections 7,8 and 11(V) of the Protection of Children from Sexual Offences Act. The prosecution case is that he trespassed into the house of the victim, who is none other than his sister-in-law, uttered obscene words, sexually assaulted and harassed her. Further he committed mischief in the property.

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The learned counsel submits that the allegation

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is false.

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Heard.

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The victim is aged 17 years. The petitioner is his

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brother-in-law.

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The learned Public Prosecutor interacted with the

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petitioner's wife, who is the sister of the victim. It appears that there are some suspicious circumstances in the case. For that

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B.A.No.1933 of 2017

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reason alone I am inclined to grant the prayer of the petitioner.

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In the result, the application is allowed.

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The petitioner shall be released on bail after

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interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum if he is arrested by the investigating officer in connection with this case.

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He shall appear before the investigating officer for interrogation on the 7^th and 14^th days after his release.

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He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

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He shall not intimidate or attempt to influence

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the witnesses, nor shall he get himself involved in any other criminal case.

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He shall not destroy or tamper with evidence.

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He shall not leave the State of Kerala without the

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previous permission of the court of enquiry or trial court as the case may be.

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He shall not contact or communicate with the

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victim, nor shall he enter the premises in which she resides.

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B.A.No.1933 of 2017

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In case of violation of any of the above conditions, the

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learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

K.ABRAHAM MATHEW

JUDGE

// True Copy // P.A. to Judge

Dennis v. Sub Inspector of Police

Case brief

What is this about?

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Dennis v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

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