Allowed

Ayoob v. State of Kerala

Kerala HC6 Oct 2023Bail Appl./7591/2023

Case brief

AI extract

What is this about?

The Court allowed bail to the petitioner, an accused in a POCSO case alleging sexual assault on a minor, subject to conditions, noting the absence of criminal antecedents and lack of compelling reasons for continued detention.

What did the court decide?

Petitioner released on bail subject to bond of Rs.50,000 with two sureties and conditions regarding appearance, non-interference, and area restriction.

Ayoob 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 6^TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 BAIL APPL. NO. 7591 OF 2023

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PETITIONER/S:

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AYOOB AGED 53 YEARS S/O.AVARAN, CHENTHURUTHY HOUSE, BEERANCHIRA, MALAPPURAM DISTRICT., PIN - 676108

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BY ADV NIREESH MATHEW

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RESPONDENT/S:

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

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OTHER PRESENT:

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SRI. VIPIN NARAYAN (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:

B.A. No.7591/2023

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O R D E R

The petitioner is the accused in Crime No.1107/2023 of Tirur Police Station, Malappuram District alleging commission of offence punishable under Sections 342 and 323 of the Indian Penal Code and Section 9 (m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

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The allegation against the petitioner is that on 20-08-2023 at about 6 p.m the petitioner committed aggravative sexual assault on the victim boy at the tailoring shop run by the accused. It is alleged that while the minor victim boy had come to the tailoring shop of the petitioner, the petitioner sexually assaulted him by grabbing him on his private parts with sexual intent.

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The learned counsel appearing for the petitioner would submit that the allegations are raised against the petitioner on the basis of a misunderstanding. It is submitted that the petitioner has been running the tailoring shop for more than 25 years and there has been a single allegations of similar nature against the petitioner. It is submitted that the paper in which the petitioner noted measurement had fallen down the petitioner had taken measurement once again and this act of the petitioner was misunderstood by the victim boy leading to filing of the complaint.

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The learned Public Prosecutor submits that the allegations against the petitioner are serious. It is submitted that according to the first information statement and the statement recorded under Section 164 Cr. P.C from the minor victim, the petitioner had purposefully pressed on the private parts of the minor victim and also groped him with sexual intent and thereby the petitioner committed the offences alleged against him. It is submitted that the matter is under

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B.A. No.7591/2023

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investigation and a clearer picture will be available only after the investigation is completed.

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Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner can be granted bail subject to conditions. The petitioner has been in custody for 43 days, having been arrested on 22-08-2023. The allegations against the petitioner are as noticed above. No criminal antecedents are reported against the petitioner. No compelling reason is shown as to why the petitioner must be continued in detention for the purpose of investigation. Accordingly this bail application is allowed. 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) The Petitioner shall appear before the investigating officer in Crime No.1107/2023 of Tirur Police Station, Malappuram as and when called upon to do so;

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(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.1107/2023 of Tirur Police Station, Malappuram;

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(iv) The petitioner shall not enter the local limits of Tirur Police Station till 30-112023 except for the purpose of complying with any condition imposed in this order;

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B.A. No.7591/2023

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(v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.1107/2023 of Tirur Police Station, Malappuram 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

Ayoob v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ayoob v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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