Allowed

Riyas B., v. State of Kerala

Kerala HC5 Feb 2024Bail Appl./447/2024

Case brief

AI extract

What is this about?

Stepfather accused of sexual assault on minor stepdaughter sought anticipatory bail. After ascertaining the victim's wishes about her residence, the court granted bail on conditions including surrender for interrogation and no contact with the victim.

What did the court decide?

Anticipatory bail on surrender and bond of Rs.50,000 with two sureties, subject to conditions protecting the victim and investigation.

Riyas B., 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 MRS. JUSTICE SOPHY THOMAS

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MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945

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BAIL APPL. NO. 447 OF 2024

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CRIME NO.919/2023 OF Edathala Police Station, Ernakulam
 CRMP 1133/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
(VIOLENCE AGAINST WOMEN & CHILDREN), ERNAKULAM

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PETITIONER/ACCUSED :

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RIYAS B.,
AGED 34 YEARS
S/O.BASHEER, PUTHUKATTU HOUSE,
COMBARA, NEAR NAD,
ALUVA, PIN - 683101
BY ADV T.R.KRISHNADAS

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RESPONDENT(S)/COMPLAINANTS :

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1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
ERNAKULAM, PIN - 682031
2STATION HOUSE OFFICER,
EDATHALA POLICE STATION, ALUVA,
ERNAKULAM RURAL DISTRICT, PIN - 683101
BY ADV RAHUL R.PAI

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OTHER PRESENT:

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SR.PP-SRI.VIPIN NARAYANAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.447 of 2024

O R D E R

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed by the sole accused in Crime No.919 of 2023 of Edathala Police Station, Ernakulam, registered under Section 354(1)(i), of the Indian Penal Code, and Sections 7, 8 and 9(n)(p) r/w 10 of the Protection of Children from Sexual Offences Act, 2012.

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The prosecution allegation is that,on

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17.12.2023, the petitioner, who is the stepfather of the victim girl, squeezed her lips and pressed her thigh and stomach with sexual intention.

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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Learned Public Prosecutor opposed the bail

application.

BA No.447 of 2024

Learned counsel for the petitioner would say

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that the petitioner is absolutely innocent, and he is ready to abide by any conditions imposed by this Court.

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On 30.01.2024, when this bail application was

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taken up for consideration, learned counsel representing the victim’s mother submitted that, the mother of the victim is planning to admit the victim in a hostel for the time being.

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The petitioner is her step-father, and the incident occurred while the victim girl was staying with her mother and stepfather. So, the victim girl cannot be continued to stay with the step-father, as it will affect her safety and security.

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In order to ascertain the wishes of the victim

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girl also with respect to her shifting to a hostel, the victim girl was directed to be produced before the Chambers of this Court at 1.30 p.m. on 05.02.2024. The girl was produced by her mother today at 1.30 p.m. The girl stated that, now she is staying at the house of her maternal grandmother at Kangarappady and she is comfortable there. While staying there she can continue her studies in the same school, and she intends to complete her schooling in that school itself.

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BA No.447 of 2024

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The mother of the victim also is amenable to such a course opted by the victim girl. But, meanwhile, the safety of the victim girl has to be ensured. So, this Court is inclined to allow this application on the following terms;

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(i) The petitioner shall surrender before the Investigating Officer on or before 13.02.2024, and subject himself for interrogation.

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(ii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the arresting officer.

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(iii) Thereafter, the petitioner shall appear before the investigating officer as and when directed.

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(iv) The petitioner shall not contact the victim girl, and shall not go the house where, the victim girl is staying or to the school where she is studying, and shall not cause any kind of harassment to her, mental or physical directly or indirectly.

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(v) The petitioner shall not influence or

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intimidate the witnesses, or tamper with the investigation.

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BA No.447 of 2024

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(vi) The petitioner shall not commit any offence

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while on bail.

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(vii) In case of violation of these conditions, the investigating officer can approach the jurisdictional Magistrate to get his bail cancelled, in accordance with law.

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Sd/-

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SOPHY THOMAS JUDGE

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rkj

Riyas B., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Riyas B., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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