Allowed

Sharafudeen @ Thakkudu v. State of Kerala

Kerala HC2 Jun 2021Bail Appl./3519/2021

Case brief

AI extract

What is this about?

The High Court granted bail to an accused arrested for rape and POCSO offences after 105 days in judicial custody. Considering the petitioner's precarious health due to Covid, the Court allowed bail on specific conditions, including execution of a bond and prohibition from entering the Idukki police station limits.

What did the court decide?

Bail granted on bond of Rs. 1,00,000 with two sureties, subject to conditions including non-entry into Idukki and adherence to Covid guidelines.

Sharafudeen @ Thakkudu 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 K.HARIPAL

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WEDNESDAY, THE 2^ND DAY OF JUNE 2021 / 12TH JYAISHTA, 1943

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BAIL APPL. NO. 3519 OF 2021

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CRIME NO.90/2021 OF IDUKKI POLICE STATION, IDUKKI

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PETITIONER/ACCUSED:

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0 SHARAFUDEEN @ THAKKUDU AGED 21 YEARS, S/O. SALIM ELATTU PEEDIKA HOUSE, MANIYARANKUDY KARA, IDUKKI VILLAGE, IDUKKI DISTRICT-685602.

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENT/RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN – 682031.

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BY SRI. SAJU S., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 3519 OF 2021

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:2:

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ORDER

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This is an application for bail filed under Section 439 of the Code of Criminal Procedure.

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Petitioner is the accused in Crime No.90/2021 of Idukki police

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station, which was registered alleging offence punishable under Section 376 of IPC and Section 4 read with 3(b), 6 read with 5(m) and (u) of the Protection of Children from Sexual Offences Act, 2012. The petitioner was arrested on 18.02.2021. He filed an application for bail before the trial court which was was dismissed and then he moved this Court earlier and by the Annexure 2

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order dated 16.04.2021, his application for bail was dismissed.

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I heard the learned counsel on both sides.

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The learned counsel for the petitioner submits that the petitioner is

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in custody for the last 105 days. In other words, he is entitled to get statutory bail. The learned Public Prosecutor submits that even though final report is

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ready, it has not yet been filed.

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Even though this Court has suggested that he can move the Special

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Court for getting statutory bail, the learned counsel has submitted that the

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BAIL APPL. NO. 3519 OF 2021 :3:

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petitioner is tested positive and is in a precarious condition, and even for removing him from jail, ambulance services would be necessary, that for moving the trial court for statutory bail some more days may take. Therefore, he pleaded for granting him bail by this Court.

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After hearing counsel on both sides and considering the fact that

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the petitioner is in judicial custody for the last 105 days and also taking into account the submission that he has been tested positive and suffering from

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Covid, bail can be granted on the following conditions:-

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i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the Special Court;

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ii) He shall not try to contact or influence the witnesses or tamper with evidence;

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iii) He shall not enter Idukki police station limits for the coming three months;

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iv) He shall not involve in any such crime, during the period on bail;

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v) Petitioner shall not leave the country without the permission of the jurisdictional court;

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vi) Petitioner shall strictly abide the various guidelines issued by

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BAIL APPL. NO. 3519 OF 2021

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:4:

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the State/Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

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vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail, in accordance with law.

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The bail application is allowed as above.

Sd/-

K. HARIPAL

JUDGE

okb/DCS/02.06.2021

//True copy// P.S. to Judge

Sharafudeen @ Thakkudu v. State of Kerala

Case brief

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Sharafudeen @ Thakkudu v. State of Kerala

Case brief

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What did the court decide?

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