Allowed

Shahir C.K v. State of Kerala

Kerala HC13 Sept 2023Bail Appl./5313/2023

Case brief

AI extract

What is this about?

This court disposed of an application for permanent anticipatory bail. The petitioners, accused of offences under the POCSO Act, had already surrendered and obtained interim bail. The court allowed the application, directing them to continue on bail under existing conditions with specific undertakings not to contact victims or influence witnesses.

What did the court decide?

Application allowed. Petitioners directed to continue on bail in Crime No.944 of 2023 subject to undertaking not to contact victims, interfere with investigation, or influence witnesses, and to appear

Shahir C.K Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

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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 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945

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BAIL APPL. NO. 5313 OF 2023

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Crime No.944 of 2023 of Hosdurg Police Station, Kasaragod

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PETITIONERS/ACCUSED 1 TO 4:

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1SHAHIR C.K
AGED 21 YEARS,
S/O. ABDULLA,
RESIDING AT KOOLIKKAD HOUSE,
CHITHARI, CHITHARI POST,
KASARAGOD DISTRICT,
PIN - 671315
2RAMSHEED C.H
AGED 31 YEARS,
S/O.SULAIMAN,
RESIDING AT RAHMATH MANZIL,
KALLOORAVI, HOSDURG,
KANHANGAD SOUTH P.O.,
KASARAGOD DISTRICT,
PIN - 671531
3ARSHAD A.K
AGED 26 YEARS
SON OF ABDULLA A.K.,
RESIDING AT K.K.VALAPPIL HOUSE,
PALLIKKARA II, KASARAGOD DISTRICT,
PIN - 671318
4ABDUL MUBEEN C.H
AGED 24 YEARS
S/O.ABDUL KAREEM C,
RESIDING AT HOSDURG KADAPPURAM,
KANHANGAD, KASARAGOD DISTRICT,
PIN - 671315
BY ADVS.
P.U.SHAILAJAN
MIDHUN SUDARSANAN P.(K/001697/2022)
NIDHEESH T.P(K/1242/2020)

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RESPONDENTS/S TATE :

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1THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN – 682031

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BA No.5313 of 2023

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2THE STATION HOUSE OFFICER
HOSDURG POLICE STATION,
KASARAGOD DISTRICT,
PIN - 671315

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OTHER PRESENT:

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SMT. SREEJA V (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

BA No.5313 of 2023

O R D E R

This is an application for anticipatory bail.

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Petitioners are accused Nos.1 to 4 in Crime

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No.944 of 2023 of Hosdurg Police Station, Kasaragod, alleging commission of offence punishable under Section 12 r/w Section 11(4) of the Protection of Children from Sexual Offences Act.

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The allegation against the petitioners is that, on 25.06.2023, when four girl students studying in a private School went to an Ice cream Parlour for having ice cream, the petitioners, who were sitting in the adjacent seat made sexually coloured remarks and gestures towards them and when the students left the shop, the petitioners followed them in a car and thereby, the petitioners committed the offences alleged against them.

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The learned counsel appearing for the petitioners would submit that by order dated 16.08.2023, this Court had directed that, if the petitioners surrender before the Investigating Officer within a period of two weeks from that date, they shall be subject to interrogation and they shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only)

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BA No.5313 of 2023

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each with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer. It is submitted that pursuant to the said order, the petitioners have surrendered before the Investigating Officer and after interrogation, their arrest was recorded and they were released on bail in terms of the interim order. It is submitted that the petitioners will co-operate with the investigation and the interim order may be made absolute.

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Heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of

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the case and considering the nature of the allegations against the petitioners, I am of the view that the petitioners can be directed to be released on bail.

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In the result, this application is allowed. It is directed that the petitioners shall continue on bail in Crime No.944 of 2023 of Hosdurg Police Station, Kasaragod subject to the following conditions:-

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(i) Petitioners shall continue on the bond already executed by them in terms of the directions contained in the interim order dated 16.08.2023;

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BA No.5313 of 2023

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(ii) Petitioners shall appear before the investigating

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officer in Crime No.944 of 2023 of Hosdurg Police Station, Kasaragod as and when summoned to do so;

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(iii) Petitioners shall not attempt to contact the victim or interfere with the investigation or to influence or intimidate any witness in Crime No.944 of 2023 of Hosdurg Police Station, Kasaragod;

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(iv) Petitioners 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.944 of 2023 of Hosdurg Police Station, Kasaragod may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-

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GOPINATH P., JUDGE

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rkj

Shahir C.K v. State of Kerala

Case brief

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Shahir C.K v. State of Kerala

Case brief

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