Disposed

Nisar K.M. v. State of Kerala

Kerala HC20 Sept 2019Bail Appl./5750/2019

Case brief

AI extract

What is this about?

Single judge order in a bail application under POCSO Act. The court directed the accused to surrender for interrogation by the I.O. and considered the application disposed of without deciding the bail plea, reserving the final decision for the Magistrate Court.

What did the court decide?

Directions to surrender for interrogation; Bail application disposed of without decision on the plea.

Nisar K.M. Vs State of Kerala — Pension and Retirement Benefits | 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 ALEXANDER THOMAS

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FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

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BAIL APPL.NO.5750 OF 2019

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CRIME NO.357/2019 OF PERAMBRA POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED:

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NISAR K.M., AGED 25 YEARS, S/O. ABDUL SALAM, KIZHAKKEYIL MEETHAL HOUSE, CHENOLI P.O, PERAMBRA, KOZHIKODE 673 525.

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BY ADVS. SRI.K.SIJU SMT.S.SEETHA

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RESPONDENT/STATE:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31.

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2 THE STATION HOUSE OFFICER, PERAMBRA POLICE STATION, KOZHIKODE DISTRICT 673 525.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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----------------------------------B.A. No. 5750 of 2019

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Dated this the 20^th day of September, 2019

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O R D E R

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The petitioner has been arrayed as the sole accused in the instant Crime No.357/2019 of Perambra Police Station, which has been registered for offences punishable under Secs.4, 3(d), 6, 5f, 8 & 7 of the POCSO Act, on the basis of FIS given by minor victim boy aged 13 years on 2.7.2019 at 10.50 pm, in respect of the alleged incidents which have happened on 26.6.2019 at 10 pm.

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The brief of the prosecution case is that, on 26.6.2019 at about 10 pm, the petitioner who is the Usthad of the Madrassa, where the victim boy is studying, had with sexual intent enticed the minor victim boy to sing religious songs by taking him into a car, and when the boy was singing, the petitioner had embraced and kissed and pressed the genital organ of the boy, and had applied his mouth to the genital organ of the boy, and forcefully made the boy lie in the car and thereby the petitioner accused has committed the abovesaid offences.

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..3..

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B.A. No. 5750 of 2019

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Sri.Siju Kamalasanan, learned counsel appearing for th petitioner would submit on the basis of instructions of his party that, the petitioner has been advised to surrender before the Investigating Officer concerned in relation to this crime, so that his bail application could be considered and decided by the jurisdictional Magistrate Court concerned, on the same day of his production, after the completion of interrogation process.

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Taking note of the limited submission made on behalf

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of the petitioner, the following directions and orders are passed.

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i. The petitioner will immediately surrender before the Investigating Officer (I.O.) in relation to the instant Crime for interrogation purposes without any further delay at any rate by 9 am on any day on or before 3.10.2019 or within such time limit that may be extended by the I.O. as he deems fit and proper.

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ii. The petitioner will fully co-operate with the Investigating Officer in the conduct of the above interrogation process.

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iii. After the interrogation process is over, the Investigating Officer will produce the petitioner before the jurisdictional Magistrate Court concerned in relation to this crime, and thereupon the said Court will consider and pass orders in the bail application of the petitioner on the same day of his production, and after affording reasonable opportunity of being heard to the petitioner's counsel and the learned Prosecutor, and after taking into account the facts and circumstances of the case.

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B.A. No. 5750 of 2019

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It is made clear that the abovesaid directions are passed

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by this Court without getting into the merits of the controversy in any manner, and has been made only on the basis of submission made by the petitioner and therefore the learned Magistrate will independently exercise his discretion on the plea of the petitioner for grant of bail, and after taking due note of the facts and attendant circumstances in this case.

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With these observations and directions, the above Bail Application will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

Nisar K.M. v. State of Kerala

Case brief

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Nisar K.M. v. State of Kerala

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