The High Court allowed the bail application of an accused person previously in custody, granting release under stringent conditions to ensure the safety of the child victim and prevent tampering with evidence.
Bail granted on deposit of Rs.25,000 and bond of Rs.50,000 with two sureties on stringent conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 13TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945
BAIL APPL. NO. 232 OF 2024
CRIME NO.2272/2023 OF Attingal Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMP 3355/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE
AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM
PETITIONER
AMEER,
AGED 25 YEARS
S/O.MUHAMMED THAHA, SHAMEER MANZIL, MAILAKUNNU,
VAZHODU, NILAMEL, THIRUVANANTHAPURAM, PIN - 695614
BY ADV M.R.SARIN
RESPONDENTS
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 6820312 THE STATION HOUSE OFFICER, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM, PIN - 69501OTHER PRESENT:
PP-SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 232 of 2024
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O R D E R
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973 by the sole accused in Crime No.2272/2023 of Attingal Police Station, Thiruvananthauram registered under Sections 376, 376AB. 354, 354A(1)(i) and 506(i) of IPC and Sections 4(2) read with 3(b), 6 read with 5(f), 5(m), 8 read with 7, 10 read with 9(f), 9(l) and 9(m) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
B.A. No. 232 of 2024
3
that due to the reason that, the petitioner pinched the victim girl, a false complaint was made against him. But the statement of the victim girl is clear enough about the incident that happened while she was attending the class of the petitioner, and prima facie, there is nothing to suggest that it is false.
(i). The petitioner shall be released on bail on
case deposit of Rs.25,000/- and on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.
(ii) The petitioner shall not enter the limits of Thiruvananthapuram District, except for the
B.A. No. 232 of 2024
4
purpose of appearing in police station or the trial court, as the case may be, till the trial is over.
(iii) The petitioner shall not contact the victim girl or her family members, and shall not cause any kind of harassment to them either directly or indirectly.
(iv) The petitioner shall not influence or intimidate the witnesses or tamper with the evidence.
(v) The petitioner shall not commit any offence while on bail.
In case of violation of the bail conditions, the trial court is empowered to cancel the bail in accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
smm
2 issues framed by the court
Whether bail should be granted to the accused facing charges of sexual assault against a minor under IPC and POCSO.
What stringent conditions are required to ensure the safety of the victim while on bail.
3 provisions across 3 enactments
AMEER
STATE OF KERALA
THE STATION HOUSE OFFICER, ATTINGAL POLICE STATION
SOPHY THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SOPHY THOMAS
Parties & counsel