Allowed

Abdusamad Palappetti v. Station House Officer, Feroke

Kerala HC21 Jun 2018Bail Appl./2213/2018

Case brief

AI extract

What is this about?

Allowed bail application under Section 438 CrPC for accused accused of sexually harassing minors in a madrasa, noting victim statement was a clean chit and custodial interrogation not necessitous.

What did the court decide?

Anticipatory bail granted on bond of Rs. 40,000 with two sureties each for like sum; appearance within 10 days and further conditions imposed.

Abdusamad Palappetti Vs Station House Officer, Feroke — Bail and Remand | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 21ST DAY OF JUNE 2018 / 31ST JYAISHTA, 1940

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Bail Appl..No. 2213 of 2018

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CRIME NO. 55/2018 OF FEROKE POLICE STATION , KOZHIKODE

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PETITIONER(S)/(ACCUSED)

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ABDUSAMAD PALAPPETTI, AGED 41 YEARS,S/O.ABOOBACKER MUSLIYA,PULIYODATH HOUSE, SUPER BAZAR,PARAMBILPEDIKA.P.O,VELIMUKKU(VIA), THIRUANGADI-676317.

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BY ADV.SRI.T.M.ABDUL LATHEEF

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RESPONDENT(S)/(COMPLAINANT & STATE):

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1. STATION HOUSE OFFICER, FEROKE POLICE STATION,FEROKE,KOZHIKODE.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,COCHIN-682031.

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BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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IAP

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RAJA VIJAYARAGHAVAN V, J.

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B.A. No.2213 of 2018

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Dated this the 21^st day of June, 2018

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ORDER

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1.This application is filed under Section 438 of the Code of Criminal Procedure.

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2.The applicant herein is the accused in Crime No.55 of 2018 of the Feroke Police Station.

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3.The applicant herein is a teacher of the Rahmaniya Higher Secondary Madrasa, Puttekkad. It is alleged that while taking classes, the applicant used to make inappropriate sexual gestures and also used to utter sexually coloured remarks and sexually harassed the minor children.

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4.The learned counsel appearing for the applicant submits that the allegations are without basis. There are disputes between two groups in connection with the administration of the Puttekkadu Mahallu Juma-ath Mosque and the applicant herein who happens to be the Imam of the mosque is being targeted.

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5.Heard the learned Public Prosecutor and I have gone through the 164 statement of the victim. It appears that in the 164

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B.A.No.2213 of 2018 2

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statement, the victims have given a clean chit to the applicant. They have stated before the learned Magistrate that the applicant has not committed any wrong doing.

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6.Having regard to the facts and circumstances, I am of the considered view that the custodial interrogation of the applicant is not necessitous for an effective interrogation.

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7.In the result, this application will stand allowed. The applicant shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

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(i)The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of one month or till final report is filed whichever is earlier.

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ii)The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

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iii)The applicant shall not commit any similar offence

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B.A.No.2213 of 2018 3

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while on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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IAP //True Copy\ P.A to Judge

Abdusamad Palappetti v. Station House Officer, Feroke

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Abdusamad Palappetti v. Station House Officer, Feroke

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