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Ismail v. State Of Kerala And Ors

Ismail v. State Of Kerala And Ors

(High Court Of Kerala)

BAIL APPL. NO. 4487 OF 2022 | 23-06-2022

1. 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 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.

(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.

8. 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.

Advocate List

  • K.P. SUDHEER

  • SMT. NIMA JACOB

Bench
  • HON'BLE MR. JUSTICE BECHU KURIAN THOMAS
Eq Citations
  • LQ
  • LQ/KerHC/2022/5551
Head Note

Criminal Procedure Code, 1973 — S. 439 — Bail — Grant of — Grave and heinous offences — Grant of bail in case of — Factors to be considered — Age of accused, nature of accusation, period of detention, likelihood of accused fleeing from justice, likelihood of accused tampering with evidence, likelihood of accused threatening witnesses, likelihood of accused committing similar crimes, etc. — Accused in present case charged with offences under Ss. 363 and 377 IPC as well as Ss. 77 and 78 JJ Act, 2015 and Ss. 4 r/w Ss. 3(a), 3(d), S. 6 r/w S. 5(l), S. 12 r/w S. 11(ii) of POCSO Act, 2012 — Held, perusal of case diary reveals that prima facie there are materials on record to connect petitioner with crime — However, since petitioner was remanded to judicial custody on 10.04.2022, continued detention of petitioner is not required in circumstances of case — Hence, petitioner is entitled to be released on bail — Criminal Law — Bail — Grounds for grant of bail — Age of accused, nature of accusation, period of detention, likelihood of accused fleeing from justice, likelihood of accused tampering with evidence, likelihood of accused threatening witnesses, likelihood of accused committing similar crimes, etc. (Or, Grave and heinous offences — Bail — Grant of — Factors to be considered)