Allowed

Moosa@Babu, v. State of Kerala

Kerala HC1 Mar 2019Bail Appl./1328/2019

Case brief

AI extract

What is this about?

On 01.03.2019, the Court allowed a bail application filed by the accused charged with rape, sexual assault, and cybersecurity offenses. Considering the stage of investigation and nature of allegations, the Court granted bail subject to strict conditions including surrender periodically and non-contact with the victim.

What did the court decide?

Release on bail on executing bond of Rs.50,000 with two sureties, subject to conditions of periodic appearance and non-contact with witnesses.

Moosa@Babu, Vs State of Kerala — Cheating and Forgery | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

FRIDAY, THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940

¶5

Bail Appl..No. 1328 of 2019

¶6

CRIME NO.58/2019 OF CHALISSERY POLICE STATION, PALAKKAD DISTRICT

¶7

PETITIONER/ACCUSED:

¶8

MOOSA @ BABU, AGED 41 YEARS S/O. HUSSAIN, CHIRAYIKKAL, VARODE P.O, OTTAPPALAM.

¶9

BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

¶10

RESPONDENT/STATE:

¶11

STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 (CRIME NO. 58/2019 OF CHALISSERY POLICE STATION, PALAKKAD DISTRICT.)

¶12

BY SR. PUBLIC PROSECUTOR SRI. AMJAD ALI

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA:1328/2019

ORDER

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

¶18

The applicant herein is the accused in Crime No.58 of 2019

¶19

of the Chalissery Police Station registered under Sections 376(2)(n), 354 of the IPC and Section 66 of the Information Technology Act, 2000.

¶20

The victim is a divorcee and the mother of a child. In her complaint lodged before the Sub Inspector of Police, Chalissery on 11.2.2019, she alleges that sometime in the year 2016, the applicant herein videotaped the lady while she was taking a bath and by threatening her that he would disseminate the same, forced her to have a sexual relationship with him. She alleges that the applicant subjected her to rape in the months of February and March, 2016. This was allegedly continued till January, 2019. During this period, the applicant is alleged to have demanded money as well. It is further alleged that when money was not paid, the applicant entered the office on 11.2.2019 and assaulted the de facto complainant.

¶21

The learned counsel appearing for the applicant submitted that the allegations are bereft of truth. According to the learned

¶22

BA:1328/2019

¶23

¶24

counsel, the applicant as well as the victim were in a relationship and when the relationship became strained, the law was set in motion on frivolous accusations. The learned counsel would contend that the applicant was arrested in connection with the subject crime on 14.2.2019 and prays for his release.

¶25

The learned Public Prosecutor, on instructions, submitted that the allegations are grave. It is submitted that the delay in setting the law in motion has been properly explained.

¶26

I have considered the submissions advanced and have perused the materials that are made available. Apparently, there is some delay in setting the law in motion. The case diary shows that substantial progress has been achieved insofar as the investigation is concerned. Having regard to the nature of the accusations, the stage of investigation, the period of detention undergone and attendant facts, I am of the view that the further detention in custody of the applicant does not appear to be necessary. By imposing appropriate conditions, in order to safeguard the interest of the victim, he can be released on bail.

¶27

In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/-

¶28

BA:1328/2019

¶29

¶30

(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above

¶31

order shall be subject to the following conditions:

¶32

The applicant shall appear before the Investigating Officer on every Saturdays between 10 a.m. and 1 p.m., for a period of 3 months or till final report is filed, whichever is earlier.

¶33

He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not contact the victim or her family members.

¶34

He shall not enter the limits of Chalissery Police Station for a period of three months, except for complying with the condition No.(i) of this order. If for any extraordinary reason the applicant requires to enter the limits, previous permission has to be obtained from the jurisdictional Court.

¶35

He shall not commit any similar offence while on bail.

¶36

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.

¶37

Sd/-

¶38

RAJA VIJAYARAGHAVAN V., JUDGE

¶39

krj

Moosa@Babu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Moosa@Babu, 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

Rajesh Vs State of Kerala

Saneesh Xavier Vs State of Kerala

Akbar, Vs State of Kerala

Santhosh.S., Vs State of Kerala

T.Daniel@Thampi, Vs State of Kerala

Musthafa Vs State of Kerala