In a bail application regarding alleged sexual assault on a minor under POCSCO and IPC sections, the High Court allowed bail after noting the investigation was nearly complete and imposing stringent conditions on the accused.
Petitioner enlarged on bail by executing a bond for Rs. 50,000 with two sureties subject to stringent conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939 Bail Appl..No. 8667 of 2017
CRIME NO. 418/2017 OF PULPALLY POLICE STATION,WAYANAD DISTRICT
APPLICANT/ACCUSED:
SURIYAN, AGED 26 YEARS, S/O.MUNIYANDI RAJEEV, NAGAR COLONY, POKKIRIMUKKU, VELIYAMBAM P.O.
BY ADVS.SRI.TONY THOMAS (INCHIPARAMBIL) SRI.P.THOMAS GEEVERGHESE
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN CODE: 682 031, REPRESENTING THE S.I. OF POLICE, PULPALLY POLICE STATION, WAYANAD DISTRICT.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V, J.
B.A.No.8667 of 2017
Dated this the 15th day of January, 2018
ORDER
B.A.No. 8667 of 2017 2
fact was mentioned to his mother and to one Ratnamma, who is a neighbour. Based on the statement of the victim, which is dated 29.10.2017, the aforesaid Crime was registered.
4.The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent. According to the learned counsel, the victim is a troubled child and he was shifted to the Children's Home as his mother was unable to discipline him. According to the learned counsel, if in fact the victim had disclosed about the incident to his mother and neighbour they would have set the law in motion immediately. The long delay in setting the law in motion is highlighted by the learned counsel to contend that the allegations are without any basis. It is finally submitted that the petitioner has been in custody since 30.10.2017 and he prays for issuance of necessary orders.
B.A.No. 8667 of 2017 3
through the case diary as well. The case diary reveals that neither the mother of the child or the neighbor whose name is made mention of by the victim at the time of furnishing the F.I.Statement has a case which is consistent with the prosecution version. The petitioner has been in custody for a sufficiently long time and investigation is almost complete. I am of the view that the petitioner can now be enlarged on bail by imposing stringent conditions.
1). The petitioner shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
2). He shall not enter or reside within the territorial limits of the Pulpally and Kambalakad Police Station until the conclusion of the trial of this case except for the purpose of complying with the other conditions in the order. If for any extraordinary reason the petitioner requires to enter the limits, previous permission has to be obtained from the jurisdictional Court.
3).The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for 2 months or till final
B.A.No. 8667 of 2017 4
report is filed, whichever is earlier.
4).The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
5). The petitioner shall not commit any offence while he is on bail.
6). The petitioner shall not leave the State of Kerala without prior permissin of the court having jurisdiction.
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.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP //True Copy\
P.A to Judge
1 issue framed by the court
Whether the accused in a POCSCO case alleging sexual assault on a minor, who has been in custody for some time, should be enlarged on bail.
3 provisions across 3 enactments
Suriyan
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
