Allowed

Saneesh M.S @ Sanu, v. State of Kerala

Kerala HC6 Oct 2023Bail Appl./7379/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of an accused facing charges under IPC and POCSO for sexual assault on a minor. The court allowed release after investigation completion and filing of the final report.

What did the court decide?

Release on regular bail subject to bond of Rs.50,000 with sureties, weekly appearances, and restrictions on contacting the victim or entering her locality.

Saneesh M.S @ Sanu, 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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FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945

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BAIL APPL. NO. 7379 OF 2023

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CRIME NO. 851/2023 of Thodupuzha police station, Idukki district

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PETITIONER/ACCUSED:

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SANEESH M.S @ SANU,
AGED 27 YEARS
MADATHIPARAMBIL HOUSE, IDAYAKUNNAM, CHITTOOR KARA,
CHERANELLUR VILLAGE, ERNAKULAM(DIST), PIN - 682027
BY ADVS.
V.S.MANSOOR
AKHIL BINOY

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RESPONDENT/S:

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

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2XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX (IS IMPLEADED AS ADDITIONAL R2)
BY ADV No Advocate

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SRI. NOUSHAD K A (SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 7379 OF 2023 2

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ORDER

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This is an application for regular bail.

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Petitioner is the accused in Crime No.851/2023 of

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Thodupuzha police station, Idukki district, alleging commission of offences under Sections 354D(1(i), 363, 370A, 376(1), 376(3) of the Indian Penal Code and Section 12 r/w.11(iv), 4(1) r/w. 3(a) of the Protection of Children from Sexual Offences Act.

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Allegation against the petitioner is that, the petitioner had befriended the minor victim girl on Instagram and on one Saturday in June-2023, the petitioner took the minor victim to Vagamon and committed penetrative sexual assault against her and thereby, he committed the offences alleged against him.

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Learned counsel appearing for the petitioner submits that the petitioner has arrested on 12.07.2023. It is submitted that the investigation has been completed and final report has been filed in the matter. It is submitted that further detention of the petitioner is not necessary in the facts and circumstances of the case. It is pointed out that

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three other cases have been registered against other individuals on the complaint of the very same victim and the

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BAIL APPL. NO. 7379 OF 2023 3

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details of those cases are also mentioned in this bail application. It is submitted that the statement of the victim is not inspiring and is totally unbelievable.

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Learned Public Prosecutor opposes the grant of bail. It is pointed out that the victim is aged 14 years. It is submitted that the fact that the victim has given complaints regarding rape against other persons is not a ground to disbelieve the statement of the victim. It is submitted that the victim has no reason to give a false statement against the petitioner. It is submitted that the petitioner is aged 27. It is confirmed that the final report has already been filed in the matter.

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Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be released on bail subject to strict conditions. The petitioner has been in custody for 87 days and the investigation has been completed and final report has been filed. Though the allegations against the petitioner are serious, considering the fact that no criminal antecedents are reported against the petitioner, I am of the view that the petitioner can be released on bail. Accordingly, this application for regular bail is allowed and it

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BAIL APPL. NO. 7379 OF 2023 4

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is directed that the petitioner shall be released on bail subject to the following conditions:-

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(i) The petitioner shall execute 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 investigating officer in Crime No.851/2023 of Thodupuzha Police station on every Saturday at 11 am until further orders;

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(iii) The petitioner shall not attempt to influence or intimidate the victim or any witness in Crime No. 851/2023 of Thodupuzha police station;

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(iv) The petitioner shall not enter the local limits of the Thodupuzha police station where the victim is residing except for the purpose of complying with condition No.(ii) above;

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(v) The 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.851/2023 of Thodupuzha station may file an application before the jurisdictional court, for cancellation of bail.

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Sd/-

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GOPINATH P.

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JUDGE

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ajt

Saneesh M.S @ Sanu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saneesh M.S @ Sanu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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