Xxxxx v. State of Kerala
Case brief
What is this about?
This judgment grants anticipatory bail to the petitioner, an accused in a POCSO and IPC 376 case, noting that the petitioner and victim are married and cohabiting.
What did the court decide?
Petition allowed; petitioner released on bail subject to execution of bond of Rs. 50,000 with two sureties and appearing before investigating officer when called.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 10TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943
BAIL APPL. NO. 9143 OF 2021
CRIME NO.1005/2021 OF Munambom Police Station, Ernakulam
PETITIONER/ACCUSED
XXXXX
XXX
BY ADVS.
MANSOOR.B.H.
BASIL KURIAKOSE
SAKEENA BEEGUM
V.SREEJITH
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 STATION HOUSE OFFICER, MUNAMBAM POLICE STATION, ERNAKULAM DIST-683 515 SRI. NAUSHAD K.A., SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the petitioner qualifies for anticipatory bail in a case alleging offences under Sections 376 IPC and POCSO.
Whether the fact of marriage between the petitioner and the accused can be a ground for granting bail.
Parties & counsel
- petitioner
XXXXX / XXX
- respondent
State of Kerala
Coram
Gopinath P.
Case details
As recorded by the court registry
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