Allowed

Irshad v. State of Kerala

Kerala HC23 Dec 2021Bail Appl./9768/2021

Case brief

AI extract

What is this about?

This judgment allows an application for regular bail filed by a 19-year-old accused in a POCSO and assault case. The court granted bail subject to strict conditions including bonds, appearance before the investigating officer, refraining from interfering with the investigation, surrendering passport, and not committing any other crime.

What did the court decide?

Petitioner released on bail with conditions: execution of bond with sureties, appearance before IO every Saturday, no interference with investigation/witnesses, surrender of passport/affidavit, and no

Irshad 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 23^RD DAY OF DECEMBER 2021 / 2ND POUSHA, 1943

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BAIL APPL. NO. 9768 OF 2021

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CRIME NO. 2714/2021 OF PALA POLICE STATION, KOTTAYAM

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DISTRICT

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PETITIONER/ACCUSED:

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IRSHAD, AGED 19 YEARS S/O.NAVAS, NAVAROJI PURYIDAM, VATTAYAL, ALAPPUZHA WEST VILLAGE, ALAPPUZHA DISTRICT - 690 533.

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BY ADVS. MANU HARSHAKUMAR S.GULZAR

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 CIRCLE INSPECTOR OF POLICE PALA POLICE STATION, PALA, PIN - 686 575.

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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 23.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 9768 OF 2021

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..2..

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ORDER

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This is an application for regular bail.

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The petitioner is the accused in Crime No.2714 of 2021 of Pala Police Station, Kottayam District, alleging commission of offences under Sections 354(c) of the Indian Penal Code, Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act.

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The allegation against the petitioner is that he established a contact with the minor victim girl of 15 years over a social media platform and compelled her to expose herself on video calls and in the month of October, 2021, the petitioner visited the victim at her native place and forcefully kissed the victim.

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The learned counsel for the petitioner submits that the petitioner is aged only 19 years. It is also submitted that the petitioner is absolutely innocent in the matter and that he has been in custody from 28.11.2021. It is submitted that even if the allegations in the First Information Statement are accepted to be true, it could not be said that the petitioner has committed the offences alleged against him.

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The learned Public Prosecutor, on instructions, submits that the investigation in the matter is progressing and the grant of bail, if at

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..3..

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BAIL APPL. NO. 9768 OF 2021

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all, may be on strict conditions to ensure that the petitioner does not interfere with the investigation in any manner.

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Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner and also considering the fact that the petitioner is aged only 19 years and that he has been in custody from 28.11.2021, I am of the view that the petitioner can be granted bail, subject to strict conditions to ensure that he does not interfere with the investigation in any manner.

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In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

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(a)The petitioner shall execute 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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(b)Petitioner shall appear before the investigating officer in Crime No.2714 of 2021 of Pala Police Station, Kottayam District, every Saturday at 11.00 am until 31.01.2022 (except on 25.12.2021) and thereafter, whenever called upon to do so;

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BAIL APPL. NO. 9768 OF 2021

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..4..

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(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.2714 of 2021 of Pala Police Station, Kottayam District;

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(d) 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 effect and file the same before the jurisdictional court within seven days of release on bail;

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

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If any of the aforesaid conditions is violated, the investigating officer in Crime No.2714 of 2021 of Pala Police Station, Kottayam District, may file an application before the j urisdictional court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/23.12.2021

Irshad v. State of Kerala

Case brief

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Irshad v. State of Kerala

Case brief

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