Kerala High Court
Xxxxxx vs State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
BAIL APPL. NO. 857 OF 2024
CRIME NO.359/2021 OF Chittarikal Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT SC 905/2022 OF SPECIAL COURT UNDER
POCSO ACT, KASARAGOD
PETITIONER
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
K C MOHAMED RASHID
BIJITHA B. BOSE
ABIN BENNY
RESPONDENT
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.857 of 2024
2
ORDER
This is an application for regular bail filed under
Section 439 of the Code of Criminal Procedure, 1973 by the
sole accused in Crime No.359/2021 of Chittarikal Police
Station, Kasaragode registered under Section 354A (i)(ii)(iii)
of IPC and Section 12 r/w 11(iii) (iv) of the Protection of
Children from Sexual Offences Act, 2012 (POCSO Act).
2. The prosecution allegation is that during the period
November 2020 and February 2021, the petitioner sent
obscene photos to the victim through Instagram and
repeatedly followed her in Instagram.
3. Heard learned counsel for the petitioner and learned
Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned counsel for the petitioner would submit that
the petitioner and the victim girl were in a love affair and
since, her family members didn't like their relationship, a
false case was registered against him. He is in judicial
custody from 25/08/2023 onwards and he is ready to abide
by any conditions imposed by this Court.
6. On going through the statement of the victim also,
it could be seen that the petitioner and the victim girl were
having an affair. Investigation is over and final report has
been filed and it is pending before the Special Court
(POCSO), Kasaragode as S.C.No.905/2022. The petitioner is
in judicial custody from 25/08/2023 onwards.
7. In such circumstances, this court is inclined to allow
this application on the following conditions:-
(i) The petitioner shall be released on bail on executing
bond for Rs.50,000/- (Rupees fifty thousand only) with
two solvent sureties each for the like sum to the
satisfaction of the trial court.
(ii) The petitioner shall not contact the victim or cause
any kind of harassment to her or her family members,
either directly or indirectly.
(iii) The petitioner shall not leave the limits of Kerala
without prior permission of the trial court.
(iv) The petitioner shall surrender his passport before
the trial court, within 10 days of executing the bond,
and if he is not having a passport, he has to file
affidavit to that effect before the trial court.
(v) The petitioner shall not commit any offence while
on bail.
In case of violation of the bail conditions, the trial court
is empowered to cancel the bail in accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
smm
