Allowed

Abdu v. the State of Kerala

Kerala HC1 Nov 2017Bail Appl./7475/2017

Case brief

AI extract

What is this about?

The Court allowed bail to the accused in a POCSO case involving sexual abuse of a six-year-old. Investigation was held practically complete. Bail was granted subject to reporting, non-entry of local limits, and restrictions on contact with witnesses committing new offenses.

What did the court decide?

Petitioner released on bail with two sureties (₹50,000 each) subject to conditions including reporting to police, avoiding specific jurisdiction, and abstaining from influencing witnesses.

Abdu Vs the State of Kerala — 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 P.UBAID

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WEDNESDAY, THE 1ST DAY OF NOVEMBER 2017/10TH KARTHIKA, 1939

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Bail Appl..No. 7475 of 2017 () -------------------------------

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CRIME NO. 564/2017 OF MANNARKKAD POLICE STATION , PALAKKAD ----------------

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PETITIONER/ACCUSED:

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ABDU,

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S/O.THARIKUTTY,AGED 62 YEARS,ALAYAN HOUSE, VENGA,KOTTOPADAM,MANNARKKAD,PALAKKAD DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.

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2. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION,PALAKKAD DISTRICT,PIN-678582.

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BY PUBLIC PROSECUTOR SRI AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.V.

P. UBAID, J

B.A.No.7475 of 2017

Dated this the 1^st day of November, 2017

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The petitioner herein is the sole accused in Crime No.564/2017 of the Mannarkkad Police Station, registered under Section 376(2)(i) IPC and Section 5(m) r/w 6 of the Protection of Children from Sexual Offence Act (for short, 'the POCSO Act'). He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge, Palakkad, on 13.10.2017. The petitioner has been in judicial custody since 01.09.2017.

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The victim of offence is a girl aged 6 years. The prosecution case is that at about 11.30 am and also at 2 pm on 28.08.2017, when the small girl went to the shop of the petitioner for purchasing some articles, he took the girl inside the shop and subjected her to sexual abuse by touching on her private parts and also causing his penis touch on her private parts. This does not appear to be an extreme case of sexual abuse.

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This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation

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B.A.No.7475 of 2017

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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 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 50,000/- (Rupees fifty thousand only)₹ each to the satisfaction of the court below having jurisdiction. Bail is granted on condition that;

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a. The petitioner shall report before the Circle Inspector of Police, Pattambi between 10 a.m. and 11 a.m. on all Tuesdays for a period of six weeks.

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b. The petitioner shall not enter the jurisdictional limits of Mannarkkad Police Station for six weeks.

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B.A.No.7475 of 2017

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c. 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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d. The petitioner shall not involve in any

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offence of similar nature under the Indian Penal Code or under the POCSO Act, till trial of the case is over.

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Forward a copy of this order to the Circle Inspector of Police, Pattambi, who will report compliance of the conditions directly to the court below having jurisdiction.

Sd/-

P.UBAID, JUDGE

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

Abdu v. the State of Kerala

Case brief

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Abdu v. the State of Kerala

Case brief

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