Kerala High Court
Nashlah Naseer vs State Of Kerala on 27 August, 2021
BAIL APPL. NO. 4787 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
BAIL APPL. NO. 4787 OF 2021
CRIME NO.428/2021 OF Mukkom Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CRMC 13/2021 OF SPECIAL COURT UNDER
POCSO ACT, KOZHIKODE, KOZHIKODE
PETITIONER
NASHLAH NASEER
AGED 22 YEARS
S/O. NASEER, ALLIPARAMBIL HOUE, PUNNAYURKULAM DESOM,
PUNNAYURKULAM VILLAGE, THRISSUR DISTRICT.
BY ADVS.
C.DHEERAJ RAJAN
K.ANAND (A-1921)
RESPONDENT/STATE/DEFACTO COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031. (CRIME NO. 428/2021 OF
MUKKOM POLICE STATION, KOZHIKODE DISTRICT)
2 XXX
XXX
BY ADV. SRI. MANU P.G, SR.PUBLIC PROSECUTOR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4787 OF 2021 2
ORDER
Application for regular bail filed under Section 439 of the Code of
Criminal Procedure.
2. The petitioner is the accused in Crime No.428 of 2021 of
Mukkom Police Station registered for the offences punishable under
Sections 376(2)(n), 450 of the Indian Penal Code and Section 6 r/w
5(l)(n), 10 r/w 9(l) of the Protection of Children from Sexual Offences
Act, 2012.
3. He has been in custody since 29.05.2021.
4. The allegation is that the petitioner had committed rape on a
minor girl on 6.7.2018 after taking her from her lawful custody and
thereafter on a subsequent date he trespassed into her residential
house and committed aggravated penetrative sexual assault on her and
thereby committed the aforesaid offences.
5. Heard the learned counsel for the petitioner as well the learned
Public Prosecutor.
6. The learned counsel for the petitioner has submitted that he
has been falsely implicated in the case by the relatives of the defacto
complainant. In fact he was having acquaintance with her through
Instagram right from the year 2018. His intention was to marry her.
When it was realized by her parents, they opposed the same and
instigated her to lodge this false complaint against him. Thus he has
been booked in this case. In fact, he has not committed any sexual
assault as alleged by the prosecution. But he is undergoing
unnecessary incarceration for about three months and hence, this
application.
7. The learned Public Prosecutor has no serious objection in
granting bail as the investigation is practically over.
8. The petitioner is aged only 22 years and he has been in
custody since the date of his arrest on 29.5.2021. As the investigation
of the case has progressed and it is nearing completion, his further
detention may not be required for the investigating agency to submit
the final report. Moreover he has no criminal antecedents.
Taking into consideration of all these facts, I am inclined to
enlarge him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing bond for
a sum of Rs.1,00,000/- (Rupees one lakh 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, till filing of the
final report.
(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.
The bail application is allowed accordingly.
Sd/-
SHIRCY V.
smm JUDGE
