Allowed

Xxx v. State of Kerala

Kerala HC4 Jan 2023Bail Appl./10091/2022

Case brief

AI extract

What is this about?

This is a pre-arrest bail application under Section 438 CrPC for offences involving assault on a 4-year-old autistic child and the wife. The court held that limited custody suffices for investigation and allowed bail on conditions including surrender for interrogation, execution of bond, and prohibitions on influencing witnesses. Relief: Pre-arrest bail allowed on conditions.

What did the court decide?

Pre-arrest bail allowed on conditions: surrender for interrogation on 09.01.2023, execute bond of Rs. 50,000 with two sureties, appear as required, not influence witnesses, and not commit similar offe

Xxx Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

WEDNESDAY, THE 4^TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944

¶5

BAIL APPL. NO. 10091 OF 2022

¶6

CRIME NO.1093/2022 OF KANJIRAMKULAM POLICE STATION,

¶7

THIRUVANANTHAPURAM

¶8

PETITIONER/ACCUSED :

¶9

XXX

¶10

AGED 40 YEARS ZZZ, PIN - 695526 BY ADV M.R.SARIN

¶11

RESPONDENTS:

¶12

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

¶13

2 THE STATION HOUSE OFFICER KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM., PIN – 695 524.

¶14

BY ADV SR.PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

BAIL APPL. NO. 10091 OF 2022

¶17

¶18

BECHU KURIAN THOMAS, J

¶19

......…..................................

¶20

B.A.No.10091 of 2022

¶21

….................................. Dated this the 4th day of January, 2023

¶22

ORDER

¶23

This is an application for pre-arrest bail filed under

¶24

Section 438 of the Code of Criminal Procedure, 1973.

¶25

Petitioner is the accused in Crime No.1093 of 2022 of Kanjiramkulam Police Station, Thiruvananthapuram District, registered for the offences punishable under Section 7 of the Juvenile Justice (Care and Protection of Children) Act, 2015 apart from Section 92(a) of the Rights

¶26

of Persons with Disabilities Act, 2016 and also under Section 341, 294(b) and Section 323 of the Indian Penal Code, 1860.

¶27

The prosecution case is that, on 07.12.2022, the accused assaulted, abused and hit, his own 4 year old autistic child and his wife-the defacto complainant, and thereby committed the offences alleged.

¶28

Sri.Sarin, the learned counsel for the petitioner, submitted

¶29

that the entire prosecution allegations are false and that

¶30

¶31

BAIL APPL. NO. 10091 OF 2022

¶32

the incident as alleged had never occurred.

¶33

Smt.M.K.Pushpalatha, the learned Public Prosecutor,

¶34

opposed the grant of bail and contended that the allegations are serious, requiring custodial interrogation.

¶35

I have considered the rival contentions.

¶36

The accused and the defacto complainant are husband and wife. Petitioner is alleged to have assaulted his own autistic child by banging him against a window, causing serious injuries. The defacto complainant was also assaulted. Even though the allegations are serious, having regard to the nature of allegations, I am of the view that limited custody would suffice the investigation.

¶37

In the result, this application is allowed on the following conditions:

¶38

(a) Petitioner shall surrender before the Investigating Officer on 09.01.2023 and shall subject himself to interrogation.

¶39

(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/-

¶40

(Rupees fifty thousand only) with two solvent sureties

¶41

BAIL APPL. NO. 10091 OF 2022

¶42

¶43

each for the like sum before the Investigating Officer.

¶44

(c) Petitioner shall appear before the Investigating Officer as and when required and shall co-operate with the investigation.

¶45

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members;

¶46

(e) Petitioner shall not commit any similar offences while he is on bail.

¶47

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

¶48

Subject to the above observations, this bail application is allowed.

¶49

BECHU KURIAN THOMAS JUDGE

¶50

AMV/04/01/2023

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?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Faisal C.K Vs State of Kerala

Ashraf Tt Vs State of Kerala

R. Mohanan Vs Station House Officer

Jayanthi Krishnan Vs State of Kerala

Ananthu Somasekharan Vs Deepuchandran

Binu, Vs Director General of Police