Allowed

Arshad v. State of Kerala

Kerala HC13 Jan 2022Bail Appl./12/2022

Case brief

AI extract

What is this about?

The single judge allowed anticipatory bail to the accused in a case involving charges under Section 363, 354 IPC and POCSO Act. Bail was granted subject to conditions including execution of bond, reporting to the investigating officer, non-contact with the victim, and non-involvement in other crimes.

What did the court decide?

Petitioner released on bail subject to conditions including bond of Rs. 50,000, reporting to investigating officer, and not contacting victim.

Arshad Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2022)

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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 13^TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943

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BAIL APPL. NO. 12 OF 2022

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CRIME NO.1168/2021 OF BALUSSERY POLICE STATION, KOZHIKODE DISTRICT PETITIONER/ACCUSED:

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ARSHAD AGED 23 YEARS S/O. MUHAMMED, ANTHANAMKUNNU HOUSE, AMBALAMUKKU, THAMARASSER - 673573

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BY ADV SHARAN SHAHIER

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031.

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OTHER PRESENT:

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SRI. M.C. ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.12 OF 2021

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.1168/2021 of Balussery Police Station, Kozhikode District alleging commission of offences under Section 57 of the Kerala Police Act, altered to Section 363 and 354 (1)(i) of the Indian Penal Code and Section 8 r/w Section 7 of the POCSO Act.

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The allegation against the petitioner is that on two occasions namely on 10.11.2021 and thereafter on 05.12.2021, the petitioner had kidnapped and taken away the minor victim girl from the lawful custody of her parents and had also sexually assaulted her on 05.12.2021, by kissing her, in a cafe.

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The learned counsel for the petitioner submits that the petitioner and the victim girl were in love with each other and that the petitioner had taken her out, at her request, believing her statement that she was a major. It is submitted that, on 05.12.2021, following a man missing complaint filed by the father of the victim girl, the petitioner received a call from the Balussery Police Station and it is then that the petitioner knew that the victim has not attained the age of

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BAIL APPL. NO.12 OF 2021

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majority. It is submitted that, immediately on getting the call from the Balussery Police Station, the petitioner dropped the victim girl at an auto stand and she had gone home. It is submitted that the petitioner is only 23 years of age and his custody is not required in the facts and circumstances of the case.

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I have heard the Public Prosecutor also.

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The learned Public Prosecutor, with reference to the 164 statement given by the victim girl, submits that since the victim was a minor, the question of her consent is immaterial and that the petitioner had committed the offences alleged against him.

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Having regard to the facts and circumstances of the case and considering the fact that the custody of the petitioner may not be necessary for a proper investigation into Crime No.1168/2021 of Balussery Police Station, Kozhikode District, I am inclined to grant anticipatory bail to the petitioner, subject to conditions.

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In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail in the event of the arrest in connection with Crime No.1168/2021 of Balussery Police Station, Kozhikode District , subject to the following conditions:-

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(i) Petitioner shall execute a bond for a sum of

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BAIL APPL. NO.12 OF 2021

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Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) Petitioner shall report before the investigating officer in Crime No.1168/2021 of Balussery Police Station, Kozhikode District at 9.00 am on 20.01.2022 and thereafter, whenever called upon to do so;

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(iii) Petitioner shall not attempt to contact the victim or to interfere with the investigation or to influence or intimidate any witness in Crime No.1168/2021 of Balussery Police Station, Kozhikode District; (iv) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1168/2021 of Balussery Police Station, Kozhikode District may file an application before this Court, for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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bng/13.01.22

Arshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

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