Allowed a Section 438 Cr.P.C. bail application in a PoCSO case. The court found custodial interrogation unnecessary as diary materials suggested only Section 12. Released petitioner on bond with supervision
Petitioner released on bail on executing a bond for Rs 75,000/- with two sureties, subject to specific 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 A.M.BABU
MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941
Bail Appl..No. 2107 of 2019
CRIME NO. 161/2019 OF Puthencruz Police Station , Ernakulam
PETITIONER/ACCUSED
ANILKUMAR M.K. AGED 45 YEARS
S/O KUMARAN, MADATHAKATTY HOUSE, POOTHRIKKA P.O.PUTHENCRUZE, IKKARANADU SOUTH VILLAGE, KUNNATHUNAADU TALUK.
BY ADV. SRI.C.P.UDAYABHANU
RESPONDENT/COMPLAINANT
STATE OF KERALA REPRESENTED BY THE C.I.OF POLICE, (CRIME NO 161/2019 OF PUTHENCRUZE POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
OTHER PRESENT:
SRI.B.JAYASURYA SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.2107/2019
2
ORDER
B.A.2107/2019
3
A.M.BABU
Judge
Mrcs/8.4.
3 issues framed by the court
Whether bail should be granted to the accused under Section 438 Cr.P.C. in a PoCSO case involving showing an obscene video to a nine-year-old girl.
Whether custodial interrogation is necessary in the facts and circumstances of the case given the petitioner's denial of allegations.
Whether the materials in the case diary suggest an offence under Section 8 or only Section 12 of the PoCSO Act.
2 provisions across 2 enactments
Anilkumar M.K.
State of Kerala
A.M.Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
