Kerala High Court
Ismail vs State Of Kerala on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
BAIL APPL. NO. 4487 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 976/2022 OF ADDITIONAL
SESSIONS COURT (ADHOC)-II, MANJERI
[CRIME NO.196/2022 OF PARAPPANANGADI POLICE STATION]
PETITIONER/ACCUSED:
ISMAIL, AGED 35 YEARS
S/O.SALAM,
POKKARAJEENTE PURAKKAL HOUSE,
AYYANKALI COLONY, KETTUNGAL,
PARAPPANANGADI, MALAPPURAM DISTRICT
PIN - 676303
BY ADV K.P.SUDHEER
RESPONDENTS/STATE :
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN - 682031
2 STATION HOUSE OFFICER
PARAPPANANGADI POLICE STATION,
PARAPPANANGADI,
MALAPPURAM DISTRICT
PIN - 676303
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. 4487/2022
2
BECHU KURIAN THOMAS, J
...........................................
B.A.No.4487 of 2022
.....................................
Dated this the 23 rd day of June, 2022
ORDER
This is an application for regular bail filed under Section 439 of
the Code of Criminal Procedure, 1973.
2. Petitioner is the 1st accused in Crime No.196 of 2022 of
Parappanangadi Police Station registered for the offences
punishable under Sections 363 and 377 of the Indian Penal Code,
1860 as well as Sections 77, 78 of the Juvenile Justice (Care and
Protection of Children) Act, 2015; and also under Section 4 r/w
sections 3(a), 3(d), Section 6 r/w Section 5(l), Section 12 r/w
Section 11(ii) of the Protection of Children from Sexual Offences
Act, 2012.
3. The prosecution case is that, between May 2019 and March 2022,
the accused kidnapped the victim, who is a minor boy aged only
16 years; and committed aggravated penetrative sexual assault on
him against the order of nature and also compelled him to use
liquor and even sell narcotic drugs.
4. Sri.K.P.Sudheer, the learned counsel for the petitioner, submitted
BAIL APPL. 4487/2022
that petitioner is totally innocent and that the offences alleged
against him are false. It was also pointed out that the petitioner
was arrested on 10.04.2022 and that he has been in custody since
then.
5. Smt.Nima Jacob, the learned Public Prosecutor, vehemently
opposed the grant of regular bail and submitted that the offences
committed by the petitioner are grave in nature.
6. A perusal of the case diary reveals that prima facie there are
materials on record to connect the petitioner with the crime.
However, since petitioner was remanded to judicial custody on
10.04.2022, I am of the view that the continued detention of the
petitioner is not required in the circumstances of the case.
Therefore, the petitioner is entitled to be released on bail.
7. In the result, this application is allowed on the following
conditions:-
(I) Petitioner shall be released on bail on his 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 court having jurisdiction.
(ii) Petitioner shall appear before the Investigating Officer as
and when required.
BAIL APPL. 4487/2022
(iii) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall he tamper with the evidence or
contact the victim or his family members;
(iv) Petitioner shall not commit any offence while he is on
bail.
(v) Petitioner shall not leave India without the permission of
the Court having jurisdiction.
In case of violation of any of the above conditions, the
jurisdictional court shall be empowered to consider the application
for cancellation, if any, and pass appropriate orders in accordance
with the law, notwithstanding the bail having been granted by
this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/23/06//2022
