Partly allowed

Veerankutty v. the State of Kerala

Kerala HC7 Oct 2020Crl.MC/4150/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal misc. case, modified the bail conditions for an accused charged under POCSO and IPC. Permission was granted to enter police station limits with restrictions on contacting victims.

What did the court decide?

The condition prohibiting entry into Wandoor Police Station limits was modified to permit entry, subject to restrictions against contacting the victim and witnesses.

Veerankutty Vs the State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2020)

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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 V.G.ARUN

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WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

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Crl.MC.No.4150 OF 2020(G)

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CRMP 1049/2020 OF SPECIAL COURT UNDER POCSO ACT, MANJERI CRIME NO.35/2020 OF Wandoor Police Station , Malappuram

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PETITIONER/S:

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VEERANKUTTY AGED 46 YEARS S/O.MUHAMMEDKUTTY, TODIYIL HOUSE, CHATHANGOTTUPURAM, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

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2 THE STATION HOUSE OFFICER, WANDOOR POLICE STATION, WANDOOR P.O., MALAPPURAM DISTRICT, PIN-679 328.

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OTHER PRESENT:

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 07.10.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C. No.4150 of 2020

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ORDER

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Dated this the 7^th day of October , 2020

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Petitioner is the accused in Crime No.35 of 2020 of Wandoor Police Station registered for offences punishable under Sections 363, 354A (1) (I) of IPC and Section 8 r/w 7 of the Prevention of Children from Sexual Offences Act, 2012.

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2. The prosecution allegation is of the

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petitioner having persuaded the victim, a neighbour, to ride along with him on his scooter

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and of having touched the private parts of the girl, thereby committing sexual assault on the victim. By Annexure A1, the petitioner was granted bail by the Special Court on condition that he will not enter the jurisdiction of Wandoor

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Police Station. Though, the petitioner sought modification of the condition, that petition was

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Crl.M.C. No.4150 of 2020

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dismissed by Annexure B order.

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3. This Crl.M.C is filed seeking to set aside Annexure B order and for modification of the condition prohibiting the petitioner from entering the limits of Wandoor Police Station.

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4. The learned Counsel for the petitioner submits that more than three months have elapsed after Annexure A order and that, till date, the

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petitioner has scrupulously complied with the conditions. It is submitted that the petitioner is forced to reside in a relative's house, which

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also has become impossible due to the spread of Covid-19 pandemic. The learned Counsel submits that investigation of the crime is over and final

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report will be filed on getting approval from

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superior officer.

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5. Considering that more than three months

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have elapsed since the passing of Annexure A

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Crl.M.C. No.4150 of 2020

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order, as also the prevailing pandemic situation, the condition is modified as under:

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The petitioner is permitted to enter the limits of Wandoor Police Station. The petitioner shall not contact the victim and her relatives or attempt to influence or intimidate the witnesses in any manner.

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Sd/V.G.ARUN JUDGE

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Scl/07.10.2020

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Crl.M.C. No.4150 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE ORDER IN CRL.MP NO.791/2020 OS SPECIAL COURT FOR TRIAL OF OFFENCES AGAINST CHILDREN (ADDITIONAL SESSIONS COURT-I), MANJERIDATED 09.07.2020.

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ANNEXURE B TRUE COPY OF THE DRAFT ORDER IN CRL.MPNO.1049/2020 DATED 07.09.2020 OF THE SPECIAL COURT FOR TRIAL OF OFFENCES AGAINST CHILDREN (ADDITIONAL SESSIONS COURT-I), MANJERI.

Veerankutty v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Veerankutty v. the 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

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