Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE24H DAYOF JANUARY20144TH MAGHA, 1935 Bail Appl..No. 340 of 2014 ------------------------------ CRIME NO. 550/2013 OF VYTHIRI POLICE STATION , WAYANAD DISTRICT .... PETITIONER/ACCUSED: -------------------------------------- HAMZA,AGED51YEARS, S/O.KUNJALAN, 355 LANE, PULLINTHODI HOUSE, POZHUTHANA AMSOM, MUTHARIKUNNU, POZHUTHANA P.O., POZHUTHANA VILLAGE, VYTHIRI TALUK, WAYANADU DISTRICT. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, (CRIME NO.550/2013 OF VYTHIRI POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). BY PUBLIC PROSECUTOR SRI.SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2401-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 340 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2014 ORDER
The petitioner is the accused in Crime No.550 of 2013 of Vythiri Police Station who is alleged to have committed the offences punishable under Sections 377 and 506(i) of IPC, Sections 3(2)(v) of SC/ST (Prevention of Atrocities) Act and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.
2. The allegation against the petitioner is that one month prior to the date of laying of the complaint, at about 4 O'Clock in the noon, the accused who belongs to the Muslim Community had enticed away the victim and subjected her to unnatural sexual offence.
3. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. According to him, he has not committed any act which would constitute an offence. At any rate, according to the B.A. No. 340/2014 -2- petitioner, he has been in custody from 29.12.2013 onwards and his continued custody is unnecessary.
4. The learned Public Prosecutor opposed the petition and pointed out that the offences are of very serious nature and the matter may not be taken lightly and the investigation is going on.
5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the record, the claim of the petitioner that he is totally innocent cannot be countenanced. As rightly pointed out by the learned Public Prosecutor, if the allegations are true, the matter is indeed serious. A deeper probe into the veracity of the allegations is not warranted at this point of time. However, the fact remains that the petitioner has been in custody from 29.12.2013 onwards and a good part of the investigation must have been completed by now. There seems to be some substance in the contention of the petitioner that there is considerable delay in lodging the B.A. No. 340/2014 -3- complaint. Considering the nature of allegations against the petitioner and also the fact that the petitioner has been in custody from 29.12.2013 onwards, his continued custody appears to be unnecessary. i) The petitioner shall be released on bail on his executing a bond for a sum of ` 25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 am and 10 am until further orders. iv) The petitioner shall not enter the premises of Vythiri Police Station for a period of three months from today except for complying with condition No.(iii). v) The petitioner shall not directly or indirectly get in touch with the victim. B.A. No. 340/2014 -4- vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vii) If any of the conditions is violated, bail granted to the petitioners shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds