Allowed

Nishab T.K., v. State of Kerala

Kerala HC19 Mar 2024Bail Appl./10446/2023

Case brief

AI extract

What is this about?

Bail application by an accused in a POCSO and IPC 376AB case alleging sexual assault on a six-year-old victim. An earlier bail application was dismissed. The court granted bail solely on the ground of prolonged incarceration (202 days), with stringent conditions including bond, reporting, passport surrender, and district restrictions.

What did the court decide?

Petitioner to be released on bail on executing Rs.1,00,000 bond with two solvent sureties, subject to conditions including reporting to police, passport surrender, and not entering Kannur District.

Nishab T.K., Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

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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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TUESDAY, THE 19^TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945

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BAIL APPL. NO. 10446 OF 2023

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CRIME NO.1183/2023 OF Thalassery Police Station, Kannur AGAINST THE ORDER/JUDGMENT DATED 18.09.2023 IN CRMC NO.1904 OF 2023 OF SPECIAL COURT FOR TRIAL OF OFFENCE U/A 33/1989, THALASSERY ARISING OUT OF THE ORDER/JUDGMENT DATED 11.10.2023 IN CRMC NO.2057 OF 2023 OF SPECIAL COURT FOR TRIAL OF OFFENCE U/A 33/1989, THALASSERY

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PETITIONER:

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NISHAB T.K., AGED 34 YEARS S/O. MAHAMMOOD, JANNATY HOUSE, PUNNOL, MAKKOTTAM, KANNUR DISTRICT, PIN - 670102

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BY ADVS. T.P.SAJID SHIFA LATHEEF SREESHMA B. CHANDRAN K.P.MOHAMED SHAFI MUHAMMED HAROON A.N. HASHARURAHIMAN U. MOHEMED FAVAS

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RESPONDENT:

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

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OTHER PRESENT:

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SRI. DHEERAJ A S (GP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.03.2024,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.10446/2023

ORDER

The petitioner is the accused in Crime No.1183/2023 of Thalassery Police Station, Kannur District alleging commission of offences punishable under Sections 376AB of the Indian Penal Code and Sections 5 (f), (l), (m), (n) & (o) read with Section 6 and Section 9(m) (o) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act').

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The learned counsel appearing for the petitioner would submit that the earlier bail application filed by the petitioner as B.A.No.9394/2023 was dismissed by this Court on 31.10.2023. It is submitted that the petitioner was arrested on 1.9.2023 and has completed 202 days in custody. It is submitted that, considering the long period of incarceration, the petitioner may be granted bail especially taking into consideration the fact that the investigation has been completed and the final report has already been filed in the matter.

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The learned Public Prosecutor would point out that there is no change of circumstances from the time when this Court had considered the earlier bail application of the petitioner. It is submitted that the offence committed by the petitioner is a heinous offence and there is an allegation that the petitioner had committed sexual assault on the six year old victim

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B.A.No.10446/2023

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after giving her some intoxicating drink and after tying her hands with a tape.

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The learned counsel appearing for the petitioner would submit that the allegations levelled against the petitioner are not true. It is submitted that the petitioner has a valid defence to the charges levelled against him and the pre-trial remand of the petitioner constitutes violation of his rights under Art.21 of the Constitution of India. It is submitted that the petitioner is presumed to be innocent until found guilty. Therefore, the petitioner may be granted bail subject to stringent conditions which the petitioner will faithfully abide by.

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Having heard the learned counsel for the petitioner and the learned Public Prosecutor and only on the ground that the petitioner has completed 202 days in custody, I am of the view that the petitioner can be granted bail subject to conditions. The investigation has been completed and the final report has been filed. However, considering the allegations levelled against the petitioner, bail can be granted only on stringent conditions. Accordingly, this bail application is allowed and the petitioner is directed to be released on bail subject to the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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B.A.No.10446/2023

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(ii) The Petitioner shall report before the Station House Officer, Thalassery Police Station as and when called upon to do so;

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(iii) The petitioner shall not intimidate the victim or any witness in Crime No. 1183/2023 of Thalassery Police Station;

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(iv) The petitioner shall not enter the local limits of Kannur District except for the purposes of complying with any condition imposed in this order or for the purposes of appearance before the Court until further orders;

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(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

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(vi) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating

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officer in Crime No. 1183/2023 of Thalassery Police Station may file an application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

acd

B.A.No.10446/2023

APPENDIX OF BAIL APPL. 10446/2023

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PETITIONER ANNEXURES

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Annexure 1	TRUE PASSE FOR T THALA	COPY OF T D BY THE C HE TRIAL OF SSERY IN CRL	HE ORDER DATED 18/9/2023 OURT OF THE SPECIAL JUDGE OFFENCES UNDER POCSO ACT, .M.C. NO. 1904/2023
Annexure 2	TRUE DATED SPECI UNDER	COPY OF THE 11/10/2023 AL JUDGE F POCSO ACT,	ORDER IN CRLMC 2057 / 2023 PASSED BY THE COURT OF THE OR THE TRIAL OF OFFENCES THALASSERY
Annexure 3	TRUE DATED COURT	COPY OF THE 31/10/2023	ORDER IN BA 9394 / 2023 PASSED BY THIS HON'BLE

Nishab T.K., v. State of Kerala

Case brief

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Nishab T.K., v. State of Kerala

Case brief

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