Allowed

Don Thomas v. State of Kerala

Kerala HC21 Mar 2018Bail Appl./1256/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to the accused in a POCSO case involving alleged sexual advances on a 14-year-old. Considering the final stage of investigation and lack of criminal antecedents, the court granted bail subject to strict conditions including reporting and non-contact. The petition was allowed.

What did the court decide?

Release on bail on bond for Rs.50,000 with two sureties for the like sum, subject to strict conditions.

Don Thomas Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939

¶5

Bail Appl..No. 1256 of 2018

¶6

(CRIME NO. 63/2018 OF AGALI POLICE STATION, PALAKKAD DISTRICT)

¶7

PETITIONER/ACCUSED:

¶8

DON THOMAS, AGED 35 YEARS, S/O. K.V. THOMAS, KOTTAVILA HOUSE, NELLIPATHY, AGALI P.O, PALAKKAD DISTRICT - 678 581.

¶9

BY ADV.SMT.K.SUNITHA VINOD

¶10

RESPONDENTS/COMPLAINANT:

¶11

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

¶12

2. THE CIRCLE INSPECTOR

¶13

AGALI POLICE STATION, PALAKKAD DISTRICT.

¶14

BY PUBLIC PROSECUTOR MR. SAJJU S.

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

RAJA VIJAYARAGHAVAN V., J

¶17

= = = = = = = = = = = = = = = = = = B.A. No.1256 of 2018

¶18

= = = = = = = = = = = = = = = = = = Dated this the 21^st day of March, 2018

¶19

ORDER

¶20

This petition is filed under Section 439 of the Cr.P.C.

¶21

The petitioner herein is the accused in Crime No.63/2018 of

¶22

Agali Police Station, registered under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

¶23

The victim in the instant case is a girl aged 14 years and

¶24

studying in the IX Standard. The petitioner is a Pastor of a particular Christian denomination by name “Jehovah's Witnesses”. He used to take Bible classes for the victim and her brother. The victim's mother was admitted in the hospital and her family members were not at home. It is alleged that on 4.2.2018 at 6 p.m., the petitioner entered her house and finding that no one was at home, made sexual advances and after holding her hand made attempts to fondle her breasts. It is further alleged that she was hugged and he also managed to kiss her. The victim managed to reject his advances and hearing the hue and cry, her grandfather came in and rescued her. On these allegations, a complaint was lodged alleging sexual assault

¶25

BA.1256/18

¶26

-:2:-

¶27

and the Crime was registered.

¶28

The learned counsel appearing for the petitioner submitted

¶29

that the intentions of the petitioner was misinterpreted by the child. Though the petitioner had married years back, he was not blessed with a child. It is further submitted that the petitioner was arrested on 8.2.2018 and he is not a person with criminal antecedents.

¶30

The learned Public Prosecutor has vehemently opposed the prayer. It is submitted that the allegations are extremely grave and highlighting the age of the victim, it is urged that no leniency is warranted. He has made available the statement of the victim as well as the 164 statement to convince this Court that the act committed by the petitioner is serious.

¶31

I have considered the submissions advanced and have gone through the case diary.

¶32

Though the allegations are grave, records reveal that the investigation has reached the final stages. It is not reported that the petitioner is a person with prior criminal antecedents. There is no case for the prosecution that his

¶33

BA.1256/18

¶34

-:3:-

¶35

presence cannot be secured at the stage of trial.

¶36

Having regard to the nature and gravity of the allegations,

¶37

the period of detention undergone, the stage of investigation, the character and antecedents and attendant facts, I am of the view that further detention of the petitioner does not appear to be necessitous.

¶38

In the result, this petition will stand allowed. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent

¶39

sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions.

¶40

a) The petitioner shall appear before the Investigating Officer on all Sundays between 10 AM and 1 PM, for 3 months or till final report is filed, whichever is earlier.

¶41

b) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not make any attempt to contact the victim or her family members.

¶42

c) The petitioner shall not enter the limits of the Agali Police Station for a period of three months except for complying with the conditions contained in this order. If for any extraordinary reason the petitioner require to enter the limits or the Station, previous permission has to be obtained from the Court having jurisdiction.

¶43

BA.1256/18

¶44

-:4:-

¶45

d) The petitioner shall not commit any offence while he is on bail.

¶46

e) The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

¶47

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

¶48

jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

¶49

Sd/Raja Vijayaraghavan V., Judge

¶50

krj.21/3

¶51

//true copy//

¶52

P.A to Judge

Don Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Don Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mujeeb Rehman Vs State of Kerala

O.J.Poulose` Vs Sub Inspector of Police

Ismail E.R Vs State

Praful G.N Vs State of Kerala

Pradeep Kora Vs State of Kerala

Shahil Vs State of Kerala