Kerala High Court
Shajahan vs The State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
BAIL APPL. NO. 6024 OF 2021
CRIME NO.1162/2021 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CRMP 1711/2021 OF SPECIAL COURT
UNDER POCSO ACT, PALAKKAD,
PETITIONER/ACCUSED:
SHAJAHAN
AGED 24 YEARS
S/O.KAJA HUSSAIN, KUNNUM PURAM HOUSE,
SUNDARAM COLONY, PALAKKAD DISTRICT, PIN - 678 003.
BY ADVS.
ARUN ASHOK
NEENA JAMES
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM - 682 031.
SMT.PUSHPALATHA M.K.-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6024 OF 2021
2
ORDER
Application for regular bail is fled by the petitioner, who is the
accused in Crime No.1162/2021 of the Palakkad Town South Police
Station registered for the offences punishable under Sections
354D(I), 506(i), 509 of the Indian Penal Code and Section 120(O)
of the Kerala Police Act and Section 12 r/w 11(v) of Protection of
Children from Sexual Offences Act.
2. The petitioner has been in custody since 08.07.2021.
3. The prosecution allegation is that the petitioner, who is
having a friendly relationship with the defacto complainant, from
the month of February 2021 followed her through out and
contacted her through social media. Though she opposed the same
by clear indication he continued, the same and also threatened her
that he will not allow her to live peacefully. Later, he has also
changed his status in the Instagram by creating a fake account
without her knowledge and consent and repeatedly and constantly
followed her and thereby harassed her sexually and committed the
aforesaid offences.
4. The learned counsel for the petitioner has submitted that
he has not committed any offence as alleged by the prosecution.
BAIL APPL. NO. 6024 OF 2021
Actually, he was in love with the girl, but the relationship was not
appreciated by her parents and so they have falsely implicated him
in this case in order to put him behind bars charged with very
serious offences. He hails from a poor family, aged only 24 years
and he never committed any of the offences as alleged by the
prosecution. But he is languishing in jail for the last two months.
5. The learned Public Prosecutor on instructions submitted
that the investigation of the case is going on and some more time is
required for submitting the final report.
The petitioner is aged only 24 years having no criminal
antecedents. As revealed from the records he is the sole bread
winner of the family as his father is completely laid up due to
paralysis. Now the investigation of the case has progressed
considerably and that be so further detention of this petitioner may
not be required for the the investigating agency to submit the final
report in the case after completion of the investigation. Considering
the pathetic condition of this petitioner's family as well the gravity
of the offences alleged, I am inclined to release him on bail subject
to the following conditions:
(i) The petitioner shall be released on bail on his
BAIL APPL. NO. 6024 OF 2021
executing a bond for a sum of Rs.50,000/- (Rupees
fifty thousand only) with two solvent sureties for the
like sum each to the satisfaction of the court having
jurisdiction.
(ii) The petitioner shall appear before the Investigating
Officer for interrogation as and when required by him,
in writing.
(iii) The petitioner shall not directly or indirectly, make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the court or to any
police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while
on bail.
In case of violation of any of the above conditions, the learned
Special Judge is empowered to cancel the bail in accordance with
the law.
Sd/-
SHIRCY V.
JUDGE
mpm
