Allowed

Midhun K.M. v. State of Kerala

Kerala HC9 Feb 2022Bail Appl./92/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner accused under POCSO and IPC 376 for a pending sexual assault matter. The court noted the petitioner's relationship with the victim and the parents' intention to marry her once she attains majority in October 2022, allowing bail subject to conditions.

What did the court decide?

Petitioner released on bail subject to bond of Rs. 10,000 with two sureties, appearance as summoned, and not committing other crimes.

Midhun K.M. 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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WEDNESDAY, THE 9^TH DAY OF FEBRUARY 2022 / 20TH MAGHA, 1943

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BAIL APPL. NO. 92 OF 2022

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Crime No.1270/2021 of Erumapetty Police Station

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PETITIONER/ACCUSED:

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MIDHUN K.M. AGED 23 YEARS, S/O.MUKUNDAN, KANGALATH HOUSE, KUTTANCHERY, KUTTANCHERY P.O., THRISSUR - 680 584.

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BY ADVS. C.A.CHACKO C.M.CHARISMA ALEKH THOMAS BABU.V.P

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RESPONDENT/COMPLAINANT:

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

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OTHER PRESENT:

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ADV M.C. ASHI-P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.92/2022

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O R D E R

The petitioner is the accused in Crime No.1270/2021 of Erumapetty Police Station, Thrissur District alleging commission of offences under Section 3 & 4 of the Protection of Children from Sexual Offences Act and Section 376 of the Indian Penal Code.

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The allegation against the petitioner is that the petitioner entered into a relationship with the minor victim and thereafter compelled her to go with him to a lodge at Thrissur and had sexual intercourse with her. It is also alleged that thereafter the petitioner threatened the victim that he will upload her intimate photographs on Instagram.

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When this matter was taken up for consideration, the learned counsel for the petitioner submitted that the petitioner and the victim girl were in a relationship. It was submitted that the victim girl will attain the age of majority in October 2022 and that the parents of the victim girl and the parents of the petitioner have decided to solemnize the marriage of the petitioner with the victim girl after she attains the age of majority. Reference in this regard is made to Annexures-A2 to A5 affidavits executed by the parents of the petitioner and the parents of the victim girl (produced along with Crl.M.A. No.2/2022).

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The learned Public Prosecutor also confirms that as per the instructions received from the Investigating Officer over telephone, the parents of the petitioner and the parents of the victim girl have decided to solemnize the marriage of the petitioner and the victim girl once the victim attains the age of majority in October 2022.

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B.A. No.92/2022

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Having regard to the aforesaid facts, I am of the opinion that though the question as to whether criminal proceedings against the petitioner can be terminated on the basis of the above is a matter to be decided in other proceedings, the petitioner can be granted anticipatory bail subject to conditions.

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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.1270/2021 of Erumapetty Police Station subject to the following conditions:-

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(i) Petitioner shall execute a 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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(ii) Petitioner shall appear before the Investigating officer in Crime No.1270/2021 of Erumapetty Police Station as and when summoned to do so;

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(iii) 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.1270/2021 of Erumapetty 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

Midhun K.M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Midhun K.M. v. State of Kerala

Case brief

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What did the court decide?

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