Allowed

Arun Prakashan v. State of Kerala

Kerala HC25 Jun 2018CRL.A/670/2018

Case brief

AI extract

What is this about?

The High Court granted bail to an appellant accused of abetment to rape, kidnapping, and offences under POCSO and SC & ST Act under Section 437 CrPC, as he had completed the statutory detention period without a filed final report.

What did the court decide?

Accused released on bail subject to bond with sureties, appearance before investigating officer, non-attendance at specific locations, and passport surrender.

Arun Prakashan Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2018)

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SUNIL THOMAS, J.

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Crl.Appeal Nos.670, 671 & 673 of 2018

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Dated this the 25^th day of June 2018

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J U D G M E N T

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In all the Criminal Appeals the same appellant, who stand arrayed as the accused No.2 in Crime Nos.89.2018, 72/2018 and 87/2018, all of Cheruthurithy Police Station, has approached this court and challenging the respective orders declining to grant bail to him.

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The petitioner stands arrayed as the second accused in the above cases along with the other accused for offences punishable under sections 366A, 376(1) read with section 375(a), 312 of the Indian Penal Code and section 4 read with section 3, 6 read with section 5 (j) (ii) 17 read with section 16 of POCSO Act and section 5 of Immoral Traffic Prevention Act and section 3 (2) (v) of SC & ST (Prevention of Atrocities) Act.

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According to the prosecution, the first accused is the wife of the second accused. It was

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Crl.Appeal Nos.670, 671 & 673 of 2018

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alleged that they took a minor child aged 17 years, who is the sister of the first accused to various places and permitted four persons to commit rape of the above child. The petitioner herein was arrested on 27.3.2018 and is in custody since then, in all the above cases. He sought bail, which was rejected by the court below by separate orders. Aggrieved by the above, the petitioner herein has approached this court seeking bail.

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Definitely, the allegation against the petitioner herein is very serious. He is alleged to have kidnapped the victim for unlawful financial gain and permitted others to sexually exploit the minor girl. Having regard to the serious nature of allegations, the court below had justifiably dismissed the bail applications. However, it is seen that as on today, the petitioner herein has completed statutory period of detention. The learned Public Prosecutor on instructions submitted that the final report has not been laid and there is nothing to show that it will be

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Crl.Appeal Nos.670, 671 & 673 of 2018

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filed within a couple of days. Evidently, the petitioner herein is entitled for bail by default. Hence, I am inclined to grant bail to the petitioner herein on the following conditions:

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(i) Petitioner shall execute a bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) in each of the case, with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) He shall appear before the investigating officer on all Mondays and Fridays between 9 am and 10 am for a period of three months from the date of his release or till the final report is filed, whichever is earlier.

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(iii) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation.

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(iv) He shall surrender his passport before the Sessions Court, if not surrendered already, within seven days from the date of his release and if he is not holding the passport, he shall file an affidavit

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Crl.Appeal Nos.670, 671 & 673 of 2018

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within seven days.

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(v) Except for the compliance of the above

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condition or for appearance in a court of law, wherein his appearance is absolutely essential, the petitioner herein shall not enter the Sessions division of Thrissur

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until the completion of trial in the above cases.

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Criminal Appeals are allowed as above.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//True Copy//

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PA to Judge

Arun Prakashan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arun Prakashan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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