Kerala High Court
Jaffar.N.P vs State Of Kerala on 7 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
BAIL APPL. NO. 3601 OF 2024
CRIME NO.112/2024 OF NALLALAM POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 12.04.2024 IN CRMC NO.143 OF
2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES
& SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN), KOZHIKODE
PETITIONER/3RD ACCUSED:
JAFFAR.N.P
AGED 42 YEARS
S/O. HAMZA.N.P, N.P HOUSE, KELAPARAMB, NALLALAM.P.O,
CHERUVANNUR, AMSOM, KOZHIKKODE, PIN - 673027
BY ADVS.
R.ROHITH
M.T.SAMEER
HARISHMA P. THAMPI
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
PUBLIC PROSECUTOR SRI. VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 3601 of 2024
2
C.PRATHEEP KUMAR, J.
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Bail Application No.3601 of 2024
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Dated this the 07th day of May, 2024
ORDER
This is an application for regular bail filed under Section 439 of
Cr.P.C. by the third accused in Crime No.112/2024 of the Nallalam
Police Station, Kozhikode. The offences alleged against the petitioner
are under Sections 377 r/w 34 of the Indian Penal Code and Sections
4(2) r/w 3, 6(1), r/w 5(g), 8 r/w 7, 10 r/w 9(1), 12 r/w 11(iii) of
Protection of Children from Sexual Offences Act.
2. The prosecution case is that: the petitioner along with other
accused persons sexually assaulted the minor boy aged 14 years, son of
the defacto complainant. The petitioner is in custody since 4.02.2024.
3. According to the learned counsel for the petitioner, since the
final report has not been filed so far, the petitioner is entitled to get
default bail under Section 167(2) of Cr.P.C.
4. The learned Public Prosecutor submitted that though a final
report was filed before the Special Court as early as on 31.3.2024, it was
returned and that it was not yet re-submitted.
5. Since, the final report was not filed within a period of 90 days
from the date of arrest on 4.2.2024, the petitioner is entitled to get default
bail under Section 167(2) of Cr.P.C.
Considering the fact that the petitioner is in judicial custody since
4.2.2024, I am inclined to allow this application, subject to the following
conditions :-
(i) The petitioner is released on bail on executing bond
for Rs.50,000/- (fifty thousand only) with two solvent
sureties each for the like sum to the satisfaction of the
Court below.
(ii) The petitioner shall report before the Investigating
Officer on every Tuesday between 10.00 am and 11.00
am till the final report is filed or till the end of June,
2024, whichever is earlier.
(iii) The petitioner shall co-operate with the
investigation. He shall not intimidate or influence the
witnesses or tamper with the evidence.
(iv) The petitioner shall not involve himself in similar
offence while on bail.
(v) Petitioner shall not leave Kozikode district, without
prior permission of the jurisdictional Magistrate.
SD/-
C.PRATHEEP KUMAR ,
JUDGE
rmm
APPENDIX OF BAIL APPL. 3601/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE REMAND REPORT DATED
04.02.2024 FILED BY THE POLICE BEFORE THE
HON'BLE ADDITIONAL DISTRICT & SESSIONS
FOR THE TRIAL OF CASES RELATING TO
ATROCITIES AND SEXUAL VIOLENCE TOWARDS
WOMEN AND CHILDREN, KOZHIKODE
Annexure A2 A CERTIFIED COPY OF THE ORDER DATED
21.03.2023 IN CRL.M.C 106/2024 BEFORE THE
HON'BLE ADDITIONAL DISTRICT & SESSIONS
FOR THE TRIAL OF CASES RELATING TO
ATROCITIES AND SEXUAL VIOLENCE TOWARDS
WOMEN AND CHILDREN, KOZHIKODE
Annexure A3 CERTIFIED COPY OF THE ORDER DATED
12.04.2023 IN CRL.M.C 143/2024 BEFORE THE
HON'BLE ADDITIONAL DISTRICT & SESSIONS
FOR THE TRIAL OF CASES RELATING TO
ATROCITIES AND SEXUAL VIOLENCE TOWARDS
WOMEN AND CHILDREN, KOZHIKODE
