Mishab vs State Of Kerala
2022 Latest Caselaw 5402 Ker

B.A.No.3592/2022                           1

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
       FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                         BAIL APPL. NO. 3592 OF 2022
 CRIME NO.459 OF 2022 OF KADUTHURUTHI POLICE STATION, KOTTAYM
PETITIONERS/ACCUSED NOS.1 TO 4:

       1          MISHAB,AGED 20 YEARS
                  S/O. ABDUL RAHMAN, KANDATHIL HOUSE, NEAR NAVEL
                  ACADEMY, ETTIKULAM P.O, RAMANTHALI, KANNUR
                  DISTRICT, PIN - 670308

       2          ABHINAV,AGED 20 YEARS
                  S/O. ARAVINDAKSHAN, MANIKOTH HOUSE, NEAR MANNUR
                  L.P. SCHOOL, ADUKATH P.O, KUTTYADI, VADAKARA TALUK,
                  KOZHIKODE DISTRICT, PIN - 671541

       3          JISHNU,AGED 20 YEARS
                  S/O. RAJESH, NELLIYODAN HOUSE, NEAR KAIRALI MILL,
                  PEROOL SOUTH, MATHAMANGALAM P.O, KANNUR DISTRICT,,
                  PIN - 670306

       4          SANGEERTH.M.K.,AGED 20 YEARS
                  S/O. SANTHOSH, MAVILAKANDY HOUSE, KANDALY P.O,
                  KURUVA, KANNUR DISTRICT, PIN - 670007

                  BY ADVS.M.ANUROOP
                  SHIJU PUTHIYA PURAYIL


RESPONDENT/S:

                  STATE OF KERALA
                  REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                  KERALA, PIN - 682031


OTHER PRESENT:
          SRI. M.C. ASHI (PP)


THIS       BAIL     APPLICATION   HAVING   COME   UP   FOR   ADMISSION   ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.3592/2022                           2

                                    ORDER

This is an application for regular bail.

2. The petitioners are the accused in Crime No.459/2022 of

Kaduthuruthi Police Station alleging commission of offences under Sections

363, 354(A)(2) r/w. Section 354A1(i) of the Indian Penal Code and Section 12

r/w. Sections 11(iv), 8 r/w. Section 7 of Protection of Children from Sexual

Offences Act.

3. The allegation against the petitioners is that the 1 st accused

together with the other accused abducted the minor victim girl from the

lawful custody of her parents and took her to Arthunkal beach where the 1 st

accused subjected the minor victim to sexual assault. It is also alleged that

later on 18.2.2022 and 19.2.2022 also the minor victim was abducted from

the custody of her parents and subjected to sexual assault by the 1 st accused.

4. The learned counsel for the petitioners would submit that the

petitioners are young boys and close friends and they have been falsely

implicated. It is submitted that the minor victim had gone along with the

petitioners as they were friends and she was not subjected to sexual assault as

alleged by the prosecution. It is submitted that the petitioners have been in

custody for 32 days and continued detention of the petitioners is not

necessary for the purposes of any investigation.

5. The learned Public Prosecutor opposes the grant of bail. The

circumstances of the case appearing against the petitioners are pointed to

show that the petitioners are not entitled to bail at present. It is submitted

that the statements recorded from the minor victim clearly show that the

petitioners had committed the offences alleged against them. It is submitted

that the petitioners are also involved in other cases.

6. Having regard to the facts and circumstances of the case and

taking a lenient view considering the age of the petitioners and also taking

note of the fact they have already been in custody for 32 days, I am inclined to

grant bail to the petitioners.

7. In the result this bail application is allowed. It is directed that the

petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like

sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioners shall report before the Investigating officer in Crime

No. 459/2022 of Kaduthuruthi Police Station as and when called upon

to do so;

(iii) The petitioners shall not enter the Kottayam District except for

appearance before the investigating officer or Court till 31.8.2022.

(iv) The petitioners shall not attempt to interfere with the investigation,

influence or intimidate any witness in Crime No.459/2022 of

Kaduthuruthi Police Station;

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer

in Crime No.459/2022 of Kaduthuruthi Police Station may file an application

before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF BAIL APPL. 3592/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN CMP NO.

967/2022 OF ADDL. SESSIONS JUDGE (POCSO) KOTTAYAM DATED 30-04-2022