Allowed

Xxxx v. State of Kerala

Kerala HC8 Dec 2021Bail Appl./8570/2021

Case brief

AI extract

What is this about?

This High Court of Kerala allowed a bail application filed by an accused charged with offences under sections 354A, 376AB of IPC and the POCSO Act. After hearing arguments regarding custody duration and the final report not being filed, the court granted bail subject to several conditions including bond execution and restrictions on movement.

What did the court decide?

Petitioner released on bail with conditions: execution of bond for Rs. 50,000 with two sureties; reporting to IO every Monday and Saturday; no interference with investigation or victim; restriction fr

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943

¶5

BAIL APPL. NO. 8570 OF 2021

¶6

Crime No.48/2021 of Vanitha Police Station, Malappuram

¶7

PETITIONER/ACCUSED No.1:

¶8

XXXX AGED 51 YEARS X

¶9

BY ADV P.M.RAFIQ

¶10

RESPONDENT/COMPLAINANT:

¶11

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM 682 031.

¶12

2 ADDL. R2. XXX (IS IMPLEADED AS PER ORDER DATED 15.11.2021 IN CRL. MA NO. 1/2021 IN BA NO. 8570/2021)

¶13

OTHER PRESENT:

¶14

SMT. SEETHA .S. (SR.PP)

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.8570/2021

-2-

O R D E R

The petitioner is the accused in Crime No.48/2021 of Vanitha Police Station, Malappuram alleging commission of offences under under Sections 354 A (1) (i), 376AB of the Indian Penal Code and S.6 read with S.5 (m) (n), 10 read with S.9 (m) (n) (l), S.21 read with S.19 (1) of the Protection of Children from Sexual Offences Act.

¶20

The victim girl is the grand daughter of the petitioner's sister. Following the death of the mother of the victim girl she was staying with her grand parents. It is alleged that while she was staying with her grand parents the petitioner committed sexual assault on her

¶21

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that since the father of the victim girl had practically abandoned the victim girl and was not paying for her maintenance, the petitioner had taken the initiative to file proceedings before the Magistrate Court claiming maintenance for the victim girl. It is submitted that pursuant to an order passed in that case the custody of the victim girl was given to her father and only on account of the animosity of the victim's father (on account of proceedings initiated at the instance of the petitioner claiming maintenance) the victim girl was forced to give a statement against the petitioner alleging that he had committed sexual assault on her. It is submitted that the petitioner has been in custody for the past 88 days and at any rate further detention of the petitioner is not necessary for the purpose of investigation into the matter.

¶22

The learned Public Prosecutor on instructions submits that the medical report of the victim girl suggests that the allegations against the petitioner are

¶23

B.A. No.8570/2021

¶24

-3-

¶25

correct and that the victim girl was subjected to sexual abuse. It is submitted that the victim girl was found to be suffering from infection to her private parts and the victim girl had clearly indicated while giving statement under Section 164 Cr.P.C that she was subjected to sexual assault by the petitioner.

¶26

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 88 days and considering the fact that the final report is yet to be filed, I am of the view that the petitioner can be granted bail subject to conditions.

¶27

In the result, this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

¶28

(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;

¶29

(ii) The Petitioner shall report before the Investigating officer in Crime No.48/2021 of Vanitha Police Station, Malappuram on every Monday and Saturday at 11 a.m until further orders;

¶30

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.48/2021 of Vanitha Police Station, Malappuram;

¶31

(iv) The petitioner shall not enter in Thrissur District where the victim is residing until further orders;

¶32

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that

¶33

B.A. No.8570/2021

¶34

-4-

¶35

effect and file the same before the said court within seven days of release on bail;

¶36

(vi) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in

¶37

Crime No.48/2021 of Vanitha Police Station, Malappuram may file an application before the jurisdictional Court for cancellation of bail.

¶38

Sd/- GOPINATH P. JUDGE

¶39

AMG

Xxxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

Xxxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dhaneep Vs State of Kerala

Xxx Vs State of Kerala

Vijayakumar Vs State of Kerala

Sajith Shanavas, Vs State of Kerala

Abdulla Shameer Vs State of Kerala

Pradeep Vs State of Kerala