Allowed

Faisal, v. State of Kerala

Kerala HC9 Apr 2019Bail Appl./2105/2019

Case brief

AI extract

What is this about?

Judge A.M. Babu allowed an application for anticipatory bail under Section 438 Cr.P.C. filed by Faisal, the second accused. Finding that the victim's statement recorded under Section 164 Cr.P.C. did not implicate the petitioner, the court granted bail subject to conditions including a bond amount of Rs. 75,000 and reporting requirements.

What did the court decide?

Petitioner released on bail on executing a bond for Rs. 75,000 with two solvent sureties, reporting to IO on Thursdays, and cooperating in investigation.

Faisal, Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2019)

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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 A.M.BABU

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TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941

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Bail Appl..No. 2105 of 2019

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CRIME NO. 33/2019 OF Perambra Police Station , Kozhikode

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PETITIONER/S:

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FAISAL, AGED 38 YEARS S/O MOIDI, MADATHIL MEETHAL HOUSE, MENHANIAM, PERAMBRA, KOZHIKODE-673 525

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BY ADVS. SRI.A.RANJITH NARAYANAN SMT.A.SIMI

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SHO, PERAMBRA POLICE STATION, KOZHIKODE-673 525

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OTHER PRESENT:

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SRI.E.C.BINEESH-SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2105 of 2019

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ORDER

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Petitioner is the second accused in crime no.33/2019 of Perambra police station. He allegedly committed offences punishable under Secs 354 and 506 of IPC and Secs 8 and 10 of the PoCSO Act. The petitioner seeks bail under Sec.438 of Cr.P.C.

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Heard Sri.A.Ranjith Narayanan, the learned counsel for the petitioner and Sri.Bineesh.E.C, the learned senior public prosecutor.

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Prosecution case is that with the connivance of the first accused, who is the father of the victim girl, the petitioner at about 9.30 p.m on 3.1.2019 lay with the victim, hugged her and kissed her.

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I have gone through the case diary and read the statement of the girl given to the learned magistrate under Sec.164 of Cr.P.C. Nothing is stated by the girl against the petitioner. I am therefore inclined to grant him bail.

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The application is allowed. If arrested in connection with crime no.33/2019 of Perambra police station, the petitioner shall be released on bail, after interrogation, if any, on his executing a bond for Rs 75,000/- (seventy five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. The petitioner shall co-operate with the investigation. He shall make himself available for interrogation if so required by the investigating officer. The

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Bail Appl..No. 2105 of 2019

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petitioner shall report to the investigating officer between 10 am and 11 am on every Thursday for a period of two months or till the filing of the final report, whichever is earlier. The petitioner shall not intimidate or attempt to influence witnesses. Nor shall he destroy or tamper with evidence. The court/magistrate having jurisdiction is hereby empowered to cancel the bail in accordance with law if any of the conditions aforementioned is violated. If the petitioner surrenders before the court/magistrate, this order will cease to have effect and the learned magistrate/court will pass appropriate orders as if this order has not been passed.

SD/-

A.M.BABU

JUDGE

Sks/9.4.2019

Faisal, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Faisal, 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

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