Allowed

Xxxx v. State of Kerala

Kerala HC16 Dec 2021Bail Appl./6770/2021

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to a 70-year-old accused alleged of inappropriate physical contact with a minor under POCSO. The court took a prima facie view that the victim's statement suggested no offence was committed, granting bail with strict conditions including execution of a bond.

What did the court decide?

Bail allowed subject to execution of a bond of Rs. 50,000 with two sureties, reporting as called, no interference with witnesses, and no commission of new crimes.

Xxxx 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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THURSDAY, THE 16^TH DAY OF DECEMBER 2021 / 25TH

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AGRAHAYANA, 1943

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BAIL APPL. NO. 6770 OF 2021

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CRIME NO.33/2021 OF PANTHEERANKAVU POLICE STATION,

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KOZHIKODE DISTRICT

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PETITIONER/ACCUSED:

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1 XXXX XXX

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BY ADVS. C.V.MANUVILSAN O.A.ANJU SARATH KRISHNAN T.

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RESPONDENTS/COMPLAINANT & STATE:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31

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THE STATION HOUSE OFFICER, PANTHEERANKAVU POLIE STATION, KOZHIKODE DISTRICT

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.6770/2021

ORDER

This is an application for anticipatory bail.

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The petitioner is the 3^rd accused in Crime N0.33/2021 of Pantheerankavu Police Station, Kozhikode District alleging commission of offence under Sections 8 r/w. Section 7 & 10 r/w. Section 9(n) of the Protection of Children from Sexual Offences Act, 2012.

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The allegation against the petitioner is that he had sexually assaulted a minor girl, who committed suicide on 4.8.2020. This information was revealed from a diary which was being kept by the deceased victim where she alleged that she had been sexually assaulted by the petitioner and two others.

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The learned counsel for the petitioner submits that the petitioner is 70 year old man and that the alleged victim girl is none other than the daughter of his brother-in-law. The learned counsel for the petitioner submits that the statement given by the mother of the victim girl before the Police shows that on a particular day when the petitioner is alleged to have assaulted the victim, the petitioner had been requested to go to the house of the victim to ensure that she had taken some medicines which had been prescribed for her. It is submitted that going by the statement given by the mother, the victim had revealed to her on the date of the alleged assault by the petitioner that the petitioner had touched her back in an inappropriate manner

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B.A.No.6770/2021

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when he had come to the house of the victim to see whether she had taken the medicines prescribed for her. It is submitted that this statement of the mother of the victim is supported by other statements given during the course of investigation. It is submitted that even if the entire allegations are taken to be true, the petitioner has not committed any offence under the provisions of the POCSO Act.

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I have heard the learned Public Prosecutor also.

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I have perused the case diary. Prima facie, I am convinced

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that the allegations raised against the petitioner to the extent it can be seen from the statement given by the mother of the victim suggests that the petitioner has not committed any offence alleged against him. I am therefore of the view that the petitioner can be granted anticipatory bail subject to strict conditions.

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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.33/2021 of Pantheerankavu 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.33/2021 of Pantheerankavu Police Station as and when called upon to do so;

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B.A.No.6770/2021

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(iv) The petitioner shall not influence or intimidate any witness in Crime No. 33/2021 of Pantheerankavu Police Station;

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

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.33/2021 of Pantheerankavu Police Station, Kozhikode District may file an application before the jurisdictional Court, for cancellation of bail.

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It is made clear that any observation contained in this order is only for the purpose of considering the entitlement of the petitioner for bail. This shall not be treated as a finding on any point by this Court.

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Sd/-

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GOPINATH P. JUDGE

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acd

Xxxx v. State of Kerala

Case brief

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Xxxx v. State of Kerala

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