Allowed

Dhaneep v. State of Kerala

Kerala HC7 Dec 2021Bail Appl./3065/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail to the accused in a POCSO and IT Act case. The court found that the purpose of investigation was served as the accused had complied with earlier directions to appear, surrender his phone, and undergo interrogation, making further custodial interrogation unnecessary.

What did the court decide?

Anticipatory bail allowed subject to bond of Rs. 50,000, reporting to investigation officer, and conditions regarding victim influence and other crimes.

Dhaneep Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2021)

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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 GOPINATH P.

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TUESDAY, THE 7^TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943 BAIL APPL. NO. 3065 OF 2021

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CRIME NO.168/2021 OF Kadavanthra Police Station, Ernakulam

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PETITIONER/ACCUSED:

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DHANEEP AGED 26 YEARS ALIKUNNEL HOUSE, MURAMBATHY P.O., THOTTUMUZHY, CALICUT DISTRICT., PIN - 673580

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BY ADV SUNNY MATHEW

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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2 STATION HOUSE OFFICER KADAVANTHRA POLICE STATION, COCHIN CITY, PIN - 682020

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BY SRI.C.N.PRABHAKARAN (SR.P.P.)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.3065/2021

ORDER

This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.168/2021 of Kadavanthra Police Station, Ernakulam District alleging commission of offences under Sections 11(ii) and ii (iv) r/w. Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 67-B of the Information Technology Act, 2000.

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The allegation against the petitioner is that he established contact with the minor victim girl through Facebook and compelled her to share with him certain nude photographs and thereby, he committed the offences alleged against him.

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Taking into account the nature of the allegations and the facts and circumstances of the case, I had, on 1.12.2021, passed the following

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order:-

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“Having regard to the facts and circumstances of the case and after hearing the learned Public Prosecutor, I am inclined to direct that the petitioner shall appear before the investigating officer in Crime No.168/2021 of Kadavanthra Police Station, at 11.00 a.m. on 04.12.2021. The investigating officer may subject the petitioner to such interrogation as may be necessary.

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The petitioner shall also produce any electronic equipment or phone that was being used by him during the period relevant to the allegations against him.

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The investigating officer shall report to this Court the result of the interrogation on 07.12.2021. It is made clear that the petitioner shall not be arrested till 07.12.2021.”

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The learned Public Prosecutor, on instructions, would submit

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B.A.No.3065/2021

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that the petitioner had appeared before the investigating officer as directed in the order dated 1.12.2021 and had surrendered the mobile phone. It is also submitted that the petitioner was subjected to interrogation.

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Having regard to the facts and circumstances of the case and considering the fact that the purpose of investigation has been served by the petitioner by complying with the directions contained in the order dated 1.12.2021 and considering the fact that further custodial interrogation of the petitioner may not be necessary, I am inclined to grant anticipatory bail to the petitioner.

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In the result, this application for anticipatory bail is allowed. It is directed that the petitioner shall be released on bail in the event of arrest in Crime No. 168/2021 of Kadavanthra Police Station, subject to the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The petitioner shall report before the investigating officer in Crime No. 168/2021 of Kadavanthra Police Station as and when called upon to do so;

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(iii) The petitioner shall not attempt to influence or intimidate the victim or any witness in Crime No. 168/2021 of Kadavanthra Police Station;

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(iv) The petitioner shall not involve in any other crime while on bail.

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B.A.No.3065/2021

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 168/2021 of Kadavanthra Police Station, Ernakulam District may file an application before the jurisdictional Court, for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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acd

Dhaneep v. State of Kerala

Case brief

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Dhaneep v. State of Kerala

Case brief

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