Allowed

Adarsh v. State of Kerala

Kerala HC22 Oct 2018Bail Appl./5314/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed a bail application under Section 438 CrPC for an 18-year-old accused in a POCSO case involving alleged kissing. The court held that no aggravated sexual act was alleged and custodial interrogation was unnecessary, granting bail with strict conditions.

What did the court decide?

Application allowed. Applicant to appear before Investigating Officer within 10 days. Bail granted on bond of Rs.50,000 with two solvent sureties each for Rs.50,000.

Adarsh Vs State of Kerala — Child Sexual Offences (POCSO) | 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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MONDAY, THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940

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Bail Appl..No. 5314 of 2018

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CRIME NO. 646/2018 OF KODANAD POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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ADARSH, AGED 18 YEARS, S/O. SAJEEB, VADAKKEKARA PARAMBIL HOUSE, KADUVAL BHAGAM, PERUMBAVOOR VILLAGE.

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BY ADVS.

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SRI.P.K.VARGHESE SRI.ANISH PAUL

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

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

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The applicant herein is the accused in Crime No. 646

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of 2018 registered at the Kodanadu Police Station under § 7 r/w

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§ 8 of the Protection of Children from Sexual Offences Act, 2012.

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Bail Appl..No. 5314 of 2018

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The victim in the instant case is a girl aged 17 years. In her statement recorded by the learned Magistrate, it is alleged that while the child was in the VIII standard, she fell in love with the applicant herein who was then studying in the X standard. They used to chat often using mobile phones. On 09.06.2018, late in the night, while they were chatting, the applicant is alleged to have expressed his desire to visit her. She was asked to keep the door open. In the midnight, the applicant entered the room of the victim through the open door and they were together for sometime. It is alleged that the applicant embraced the minor girl and kissed on her cheek three times. Her mother woke up and hearing the commotion, the victim and the applicant went out of the house. However, she managed to conceal herself in the terrace and was there till 4 am. She was punished by her parents and she was tied up. Later, her uncle and aunt were summoned and the child was sent with them. Later, a complaint was filed by the father, on 14.06.2018, based on which, the instant crime was registered.

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The learned counsel appearing for the applicant submitted that the applicant was just 18 years old when the

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Bail Appl..No. 5314 of 2018

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incident took place. According to the learned counsel, there is only a one year gap between the applicant and the victim. There is no case for the prosecution that the applicant had committed any act with sexual intent. On the other hand, the statement of the victim furnished before the learned Magistrate would only reveal that the applicant and the victim were deeply in love and all that he had done was kiss her on her cheek. According to the learned counsel, no such incident had taken place and false accusations are now being raised against him as the father of the child and her relatives are against the relationship between the victim and the applicant. The learned counsel would contend that the applicant is still a teenager with no criminal antecedents and if he is arrested and detained in connection with the aforesaid crime, it would be an irredeemable scar in his life.

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The learned Public Prosecutor has opposed the prayer. It is submitted that the statement of the victim was recorded by the learned Magistrate wherein the victim had stated that the applicant herein had entered her room in the dead of night and he had embraced and kissed her.

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Bail Appl..No. 5314 of 2018

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I have considered the submission advanced and have

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gone through the statement of the victim recorded by the learned Magistrate. There cannot be any doubt that the allegations are grave. However, there is no case for the prosecution that the applicant herein had committed any aggravated sexual act. Considering the severity of the accusations, the antecedents of the applicant, the stage of investigation and attendant facts, I do not think that the custodial interrogation of the applicant is necessary for an effective investigation in the instant crime. By imposing appropriate conditions to facilitate a proper investigation, I am of the view that an order as prayed for can be granted.

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In the result, this application will stand allowed. The

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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

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executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. However, 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

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Bail Appl..No. 5314 of 2018

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Investigating Officer on every Saturdays between 9 A.M and 11 A.M. for a period of two months or till final report is filed whichever is earlier.

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ii) He 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) He shall not commit any similar offence 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

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JUDGE

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Dxy

Adarsh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Adarsh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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