Xxx vs State Of Kerala
2021 Latest Caselaw 15503 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                        CRL.A NO. 406 OF 2021 (A)
         CRIME NO.139/2021 OF MUZHAKKUNNU POLICE STATION, KANNUR
AGAINST THE ORDER IN CRMC 735/2021 OF HON'BLE POCSO COURT, THALASSERY
APPELLANT/PETITIONER/ACCUSED:

             XXXXXXXXXXXXXXXXXX

             BY ADVS. P.MOHAMED SABAH
                      SAIPOOJA



RESPONDENTS/RESPONDENT/STATE/COMPLAINANTS, VICTIM & DEFACTO
COMPLAINANT:

     1       STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.

     2       THE STATION HOUSE OFFICER,
             MUZHAKUNNU POLICE STATION, KANNUR DISTRICT - 670 673.

     3       VICTIM   XXXXXX REPRESENTED BY HER FATHER

     4       THE FATHER OF THE VICTIM XXXXXXX



             BY PUBLIC PROSECUTOR SRI. RAMESH CHAND


     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 23.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl. Appeal No.406 of 2021              2




                                     JUDGMENT

The petitioner/sole accused aggrieved by the order of

the Sessions Judge in not extending regular bail came up

with this appeal. He was arrested on 26/05/2021. The victim

involved is a minor girl and the offences alleged are under

Sections 354, 354A(1)(i) of IPC and Section 8 r/w 7,

Section 10 r/w 9(1) of POCSO Act and Section 3(1)(W)(II),

3(2) (Va) of SC/ST (POA) Act. It is submitted that after

completion of investigation, final report was submitted.

Now he is under detention for the last more than 55 days.

Being the first offender, I am of the view that further

detention is not necessary, especially when final report

was submitted. Hence, bail is granted to the petitioner,

subject to the following conditions:

(1) He shall execute a bond for Rs.25,000/- (Rupees

twenty five thousand only) with two solvent sureties each

for the like sum to the satisfaction of the sessions court

(trial court).

(2) He shall not tamper with the evidence involved in

the case and shall not in any way directly or indirectly

contact with the victim or her family members or any

witness thereof.

(3) He shall not cause any hindrance or disturbance to

the victim and her family members and shall not make any

declaration either in public place or otherwise with

respect to the alleged incident so as to cause any kind of

disturbance or insult to the victim and her family members.

(4) He shall appear before the investigating officer on

all Mondays in and around 9.00 and 9.30 a.m. for a period

of six months.

(5) He shall not enter into the village wherein the

victim is residing except for the purpose of appearance

before the concerned officer as ordered above.

Crl.Appeal is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE DMR/-