Dismissed

Binoy @ Devasya K.K. v. State of Kerala

Kerala HC5 Oct 2023Crl.MC/833/2021

Case brief

AI extract

What is this about?

The High Court delivered an order dismissing Bail Application No. 18/2021 for anticipatory bail and Crl.M.C. No. 833/2021 for quashing an FIR. The Court accepted the Public Prosecutor's submission that the petitioner had already been acquitted by the Special Court for POCSO Cases in the underlying trial, rendering no further consideration necessary for these petitions.

What did the court decide?

Bail Application No. 18/2021 and Crl.M.C. No. 833/2021 are dismissed.

Binoy @ Devasya K.K. 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 GOPINATH P.

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THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945

¶5

BAIL APPL. NO. 18 OF 2021

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CRIME NO.1200/2020 OF MEENANGADI POLICE STATION, WAYANAD

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PETITIONER/ACCUSED:

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BINOY ALIAS DEVASYA K.K
AGED 47 YEARS
KAVUMPADATH, MUTTIL SOUTH, WAYANAD, VAZHU VATTA, PIN
673122, PIN - 673122
BY ADV M.R.SASITH

¶9

RESPONDENT/TATE/DE FACTO COMPLAINANT:

¶10

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

¶11

2X

¶12

BY ADVS.
PUBLIC PROSECUTOR
SHRI.RANJITH E N

¶13

SRI. NOUSHAD K A (SR PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.10.2023, ALONG WITH Crl.MC.833/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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CRL.MC NO. 833/2021 & BAIL APPL.NO.18/2021 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶19

THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945
CRL.MC NO. 833 OF 2021

¶20

PETITIONER/ACCUSED:

¶21

BINOY @ DEVASYA K.K.
AGED 47 YEARS
S/O.K.K.KURIAKOSE, KAVUMPADATH, MUTTIL SOUTH, WAYANAD,
VAZHU VATTA, PIN-673122.
BY ADV M.R.SASITH

¶22

RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 X

¶25

¶26

BY ADV VIDYA G NAIR

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SRI. VIPIN NARAYAN, PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.10.2023, ALONG WITH Bail Appl..18/2021, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:

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CRL.MC NO. 833/2021 & BAIL APPL.NO.18/2021 3

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ORDER

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[Bail Appl. No.18/2021, Crl.M.C No.833/2021]

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Bail Application No.18 of 2021 has been filed, seeking anticipatory bail in Crime No.1200/2020 of Meenangadi police station, Wayanad district. Crl.M.C. No.833/2021 has been filed, seeking to quash the First Information Report in Crime No.1200/2020 of Meenangadi police station, Wayanad district.

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When this matter is taken up for consideration today, learned Public Prosecutor submits that, following investigation, a final report was filed in Crime No.1200/2020 before the Special Court for POCSO Cases, Kalpetta, Wayanad as S.C. No.315 of 2021. It is submitted that, following trial, the petitioner in these cases has been acquitted on 30.06.2022.

¶34

In the light of the above submission made by the learned Public Prosecutor, nothing further survives for consideration in these petitions. Therefore, Bail Application No.18 of 2021 and Crl.M.C. No.833 of 2021 are dismissed.

¶35

Sd/-

GOPINATH P.

JUDGE

ajt

CRL.MC NO. 833/2021 & BAIL APPL.NO.18/2021 4

¶40

APPENDIX OF CRL.MC 833/2021

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PETITIONER ANNEXURES
ANNEXURE A1THE TRUE COPY OF FIR IN CRIME NO.1200/2020 OF
MEENANGADI POLICE STATION, WAYANAD.
ANNEXURE A2AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT
TO SETTLE MATTER BETWEEN THEMSELVES AND THE
PETITIONER DATED 22.12.2020.

Binoy @ Devasya K.K. v. State of Kerala

Case brief

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Binoy @ Devasya K.K. v. State of Kerala

Case brief

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