Allowed

Xxxx v. State of Kerala

Kerala HC10 Feb 2022Bail Appl./525/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application, the High Court of Kerala granted bail to a petitioner accused of exhibiting private parts to an 8-year-old girl under POCSO and IPC. The court held that custodial interrogation was not essential for investigation and ordered his release with bond and specific conditions.

What did the court decide?

Petitioner released on bail subject to execution of bond with two sureties, cooperation with investigation, and non-interference with complaint or witnesses.

Xxxx 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 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943

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BAIL APPL. NO. 525 OF 2022

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CRIME NO.1048/2021 OF NEDUMKANDOM POLICE STATION, IDUKKI

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DISTRICT

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PETITIONER/ACCUSED:

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XXXX

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BY ADVS. V.H.JASMINE JESWIN P.VARGHESE REETHU JACOB

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RESPONDENTS/STATE & INVESTIGATING OFFICER:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM6820031

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2 STATION HOUSE OFFICER, NEDUMKANDOM POLICE STATION, NEDUMKANDOM P.O., IDUKKI DISTRICT685553

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OTHER PRESENT:

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ADV NOUSHAD SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.525/2022

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ORDER

This is an application for anticipatory bail.

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The petitioner is the accused in Crime No. 1048 of 2021 of Nedumkandom Police Station, Idukki District, which was registered alleging commission of offences under Section 509 of the Indian Penal Code and Section 11 r/w Section 12 of the Protection of Children from Sexual Offences Act.

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The allegation against the petitioner is that the petitioner exhibited his private parts to a minor girl aged 8 years and thereby, he committed the offences alleged against him.

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The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter and that the crime has been registered only on account of some issues between the petitioner and the father of the minor girl in question. It is submitted that, at any rate, custodial interrogation of the petitioner is not necessary for the purpose of investigation in the matter.

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I have heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the case and

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..3..

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BA No.525/2022

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considering the nature of the allegations against the petitioner, I am inclined to grant anticipatory bail to the petitioner. The custodial interrogation of the petitioner may not be necessary for a proper investigation into the matter.

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No. 1048 of 2021 of Nedumkandom Police Station, Idukki District, subject to the following conditions:

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(a) Petitioner shall execute bond for a sum of Rs.10,000/(Rupees ten 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 co-operate with the investigation and appear before the investigating officer in Crime No. 1048 of 2021 of Nedumkandom Police Station, Idukki District, whenever called upon to do so;

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(c) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No. 1048 of 2021 of

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BA No.525/2022

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..4..

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Nedumkandom Police Station, Idukki District;

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(d)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. 1048 of 2021 of Nedumkandom Police Station, Idukki District, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

bka/10.02.2022

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

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