Allowed

Jithu. K v. State of Kerala

Kerala HC10 Feb 2021Bail Appl./760/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the accused facing charges of sexual assault on a minor and cheating under IPC and POCSO Act, imposing conditions regarding surety, appearance for interrogation, and non-interference with witnesses or evidence.

What did the court decide?

Released on bail with a bond of Rs. 1,00,000/- and two sureties, subject to specific conditions including appearance for interrogation and non-interference with evidence.

Jithu. K 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 MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

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Bail Appl..No.760 OF 2021

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CRIME NO.496/2020 OF Nilambur Police Station , Malappuram

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PETITIONER/ACCUSED:

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JITHU. K AGED 24 YEARS MADUKKAKATTIL HOUSE, ERANHIMANGAD POST, KUNNATHCHAL, MANNUPADAM, AKAMPADAM VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN-679329

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BY ADVS. SRI.U.K.DEVIDAS SRI.S.BIJILAL

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RESPONDENTS:

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

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2 XXX AGED 14 YEARS INFORMANT

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R1 BY PUBLIC PROSECUTOR AJITH MURALI- P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.760 OF 2021

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ORDER

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Dated this the 10th day of February 2021

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Application for regular bail.

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The petitioner is the accused in Crime No.496/2020 of

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Nilambur Police Station, Malappuram District registered for the offences punishable under Sections 363, 354(A)(I)(i), 354(A)(2), 376(3), 506(1) of the Indian Penal Code and Sections 3(1) r/w 4(2), 9(1) r/w 10 and 11(v) r/w 12 of the Protection of Children from Sexual Offences Act, 2012.

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The petitioner has been in custody since 17.11.2020. 3. The prosecution case is as follows:

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The petitioner and the defacto complainant are neighbours. On different occasion in between 27.03.2020 and 01.07.2020 , the petitioner had contacted the defacto complainant through mobile phone and invited her to the courtyard of the rental quarters, where she is residing with her family and he has committed sexual assault on her. Thereby he committed the aforesaid offences.

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The learned counsel for the petitioner would submit that,

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Bail Appl..No.760 OF 2021

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he has been falsely implicated in the case. He has absolutely no connection with the alleged incident. But he is languishing in jail since the date of his arrest.

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The learned Public Prosecutor has submitted that the investigation is almost over.

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Having regard to the nature of the offenes alleged against this petitioner, the period of detention undergone by him in judicial custody, the present stage of the investigation as well the fact that he has no criminal antecedents, I am inclined to release him on bail subject to the following conditions:

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(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like

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sum each to the satisfaction of the court having jurisdiction.

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(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

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(iii) The petitioner shall not directly or indirectly, make

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any inducement, threat or promise to any person

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Bail Appl..No.760 OF 2021

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acquainted with the facts of the case so as to dissuade

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him from disclosing such facts to the court or to any

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police officer or tamper with the evidence.

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(iv) The petitioner shall not commit any offence while

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on bail.

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In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

mpm

Jithu. K v. State of Kerala

Case brief

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Jithu. K v. State of Kerala

Case brief

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