Allowed

Siyad v. State of Kerala

Kerala HC5 Feb 2021Bail Appl./984/2021

Case brief

AI extract

What is this about?

In a bail application arising from a crime under IPC and POCSO sections, the High Court released the accused, a 19-year-old student accused of kissing a minor and misappropriating her gold, on regular bail subject to bond conditions and restrictions on evidence tampering.

What did the court decide?

Petitioner released on bail on a bond of Rs. 1,00,000 with two sureties for the like sum each, subject to conditions regarding interrogation availability and non-tampering with evidence.

Siyad 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 MRS. JUSTICE SHIRCY V.

¶4

FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

¶5

Bail Appl..No.984 OF 2021

¶6

CRIME NO.24/2021 OF Paravoor Police Station , Kollam

¶7

PETITIONER/ACCUSED :-

¶8

SIYAD AGED 19 YEARS S/O MANSHAD, KUZHIVILA (H) MUTTAMBALAM, CHEMMARUTHY VILLAGE, NOW RESIDING AT SUDARSANA MANDIRAM, KALLAMBALAM AAYUR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695605.

¶9

BY ADV. SRI.P.N.SUKUMARAN

¶10

RESPONDENTS :-

¶11

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

¶12

2 SUB INSPECTOR OF POLICE PARAVOOR POLICE STATION PARAVOOR POLICE STATION, KOLLAM DISTRICT PIN - 691301.

¶13

AJITH MURALI- P.P

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Bail Appl..No.984 OF 2021

¶16

¶17

ORDER

¶18

Dated this the 05th day of February, 2021

¶19

Application for regular bail.

¶20

The petitioner is the sole accused in Crime No.24 of 2021 of Paravoor Police Station registered for the offences punishable under Sections 451, 363,

¶21

354(A) of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

¶22

The petitioner has been in custody since

¶23

14.01.2021.

¶24

The prosecution allegation is that one day in the month of November 2020 while the victim girl was sitting in front of her house, the petitioner came

¶25

there and kissed on her cheek. Thereafter, on

¶26

01.01.2021 at about 3 p.m he has taken her in his

¶27

motor cycle for a ride and then after sometime dropped

¶28

her in her tuition centre. He has also taken a gold ornament from her but failed to return the same. Thus he has committed the aforesaid offences.

¶29

Heard the learned counsel for the petitioner

¶30

Bail Appl..No.984 OF 2021

¶31

¶32

as well the learned Public Prosecutor.

¶33

The learned counsel for the petitioner would

¶34

submit that he has not committed the offences as

¶35

alleged by the prosecution.

¶36

The learned Public Prosecutor has submitted that the investigation of the case is going on

¶37

smoothly.

¶38

A perusal of the records would show that

¶39

this petitioner is aged only 19 years and he is a student. He is also a neighbour of the defacto complainant, who is aged only 15 years.

¶40

Having regard to the nature of the

¶41

accusation levelled against this petitioner, the

¶42

duration of the detention undergone by this

¶43

petitioner in judicial custody, the present stage of

¶44

the investigation and the other facts and

¶45

circumstances involved in this case, I am inclined

¶46

release him on bail subject to the following

¶47

conditions:-

¶48

(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 sum each to the satisfaction of the court having

¶49

Bail Appl..No.984 OF 2021

¶50

¶51

jurisdiction.

¶52

(ii) He shall be available before the Investigating Officer for interrogation as and when required by him, in writing.

¶53

(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶54

(iv) He shall not commit any offence while on bail.

¶55

conditions, the learned Magistrate/Judge is empowered

¶56

to cancel the bail in accordance with the law.

¶57

Sd/-

¶58

SHIRCY V. JUDGE

¶59

SMA

Siyad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Siyad 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

Nizamudeen Vs State of Kerala

Asharaf Vs State of Kerala

Muhammed @ Bapputty Vs State of Kerala

Sidhiq Vs State of Kerala

Jishnu A.I Vs State of Kerala

Arun Vs State of Kerala