Allowed

Xxx v. the State of Kerala

Kerala HC3 Dec 2021Bail Appl./6867/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to a petitioner accused of offences under the POCSO Act and IPC, regarding alleged molestation of his daughter, subject to bond and specific conditions to aid investigation. Careful attention is paid to the quality of the summary which is rich in contexts. The state argued that custodial interrogation was essential, but the court held otherwise.

What did the court decide?

Anticipatory bail granted subject to bond of Rs.50,000 with sureties and conditions to appear, not contact victim, and not interfere with investigation.

Xxx Vs the 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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FRIDAY, THE 3^RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943

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BAIL APPL. NO. 6867 OF 2021

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PETITIONER/ACCUSED:

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XXX

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BY ADVS. S.SHANAVAS KHAN S.INDU

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RESPONDENT/COMPLAINANT:

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

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SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6867 OF 2021

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ORDER

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The petitioner is the accused in Crime No.656 of 2021 of Nooranad Police Station alleging commission of offences under Sections 354(A) (1) (i), 506 (ii) of the Indian Penal Code Code, Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 7, 8, 9m, 9n and 10 of the Protection of Children from Sexual Offences Act, 2012. The allegation against the petitioner is that on 13.08.2021, the petitioner touched the private areas of his daughter with one hand while holding his male organ in the other hand so as to satisfy his lust. The incident is stated to have been witnessed by the elder child, the son of the petitioner.

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The learned counsel for the petitioner submits that the allegation is completely false. It is submitted that the defacto complainant's sister and family had attempted to manhandle the petitioner's mother and when some neighbours had intervened, they had attacked the neighbours following which Crime No.662 of 2021 of Nooranadu Police Station has been registered against them. It is submitted that the present complaint is only a counterblast to the aforesaid complaint.

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BAIL APPL. NO. 6867 OF 2021

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The learned Public Prosecutor, on instructions, would submit that the information which led to the registration of Crime No.662 of 2021 was given much after the information which led to the registration of Crime No.656 of 2021 of Nooranad Police had been given. It is submitted that the allegations against the petitioner are quite serious and the grant of bail at the stage may affect the progress of investigation.

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Having regard to the facts and circumstances of the case and considering the fact that the custodial interrogation of the petitioner may not be necessary for a proper investigation into Crime No.656 of 2021 of Nooranad Police Station, I am of the view that the petitioner can be granted anticipatory bail subject to strict conditions.

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In the result, this application is allowed and directed that the petitioner shall be released on bail, in the event of arrest in crime No.656 of 2021 of Nooranad Police Station subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two

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BAIL APPL. NO. 6867 OF 2021

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solvent sureties each for the likesum to the

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satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.656 of 2021 of Nooranad Police station as and when summoned to do so;

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(iii) Petitioner shall not attempt to contact the victim or the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.656 of 2021 of Nooranad Police Station; (iv) 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.656 of 2021 of Nooranad Police Station may file an application before the jurisdictional Court, for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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bpr

Xxx v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Xxx v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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