Allowed

Xxx v. State of Kerala

Kerala HC17 Mar 2022Bail Appl./722/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, an accused in a POCSO cheating case involving sexual assault on a minor. The petition relied on the petitioner's close relationship with the victim and lack of antecedents.

What did the court decide?

Petitioner granted anticipatory bail subject to bond of Rs. 50,000 with sureties, appearance before IO on 28-03-2022, and conditions regarding non-interference.

Xxx 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 17^TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943

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BAIL APPL. NO. 722 OF 2022

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Crime No.1166/2021 of Irinjalakuda Police Station

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PETITIONER/ACCUSED:

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XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

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BY ADVS. K.JAGADEESH V.RENJU

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RESPONDENT:

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

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2 STATION HOUSE OFFICER, IRINJALAKUDA POLICE STATION IRINJALAKUDA POLICE STATION, KATTUNGACHIRA, IRINJALAKUDA , THRISSUR DISTRICT THRISSUR, PIN - 680121

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BY ADV PUBLIC PROSECUTOR

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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 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.722/2022

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O R D E R

The petitioner is the accused in Crime No.1166/2021 of Irinjalakuda Police Station, Thrissur District alleging commission of offences under Sections 354A (1) (i) of the Indian Penal Code read with Section 7 and 8 of the Protection of Children from Sexual Offences Act.

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The allegation against the petitioner is that the petitioner assaulted the minor victim and caught hold of her breast and also touched her private parts.

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The learned counsel for the petitioner submits that the petitioner is a close relative of the victim and the allegations are raised in order to settle some family disputes solely on account of the enmity of the de facto complainant's family with the family of the petitioner. It is submitted that the petitioner had no occasion to molest the daughter of the de facto complainant and the allegations to that effect are untrue. It is submitted that on 18-11-2021, the victim went missing and was traced out after 3 days with a boy. It is also submitted that similar allegations were raised later against the said boy and also against others.

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The learned Public Prosecutor opposes the grant of bail. The circumstances of the case are pointed out from the records. It is submitted that the petitioner is accused of having committed fairly serious offences and is not entitled to anticipatory bail.

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Having regard to the facts and circumstances of the case and considering the fact the no criminal antecedents are reported against the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

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B.A. No.722/2022 -3-

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In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.1166/2021 of Irinjalakuda Police Station subject to the following conditions:-

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(i) Petitioner shall execute a 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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(ii) Petitioner shall appear before the before the Investigating officer in Crime No.1166/2021 of Irinjalakuda Police Station at 10 a.m on 28-03-2022 and thereafter as and when called upon to do so;

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(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1166/2021 of Irinjalakuda Police Station;

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(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.1166/2021 of Irinjalakuda Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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AMG

Xxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

Xxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

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