XX vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 07, 2023

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Citation: sooperkanoon.com/1379422
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Sep 07, 2023
Case Number: Bail Appl./6567/2023

Parties & Advocates

Appellant / Petitioner

Respondent

State of Kerala

Excerpt

.....his father xxx s/o xxx aged xxxx years residing atxxxxx, xxxx,xxxxx.p.o.xxxx, xxxx,xxxxx., pin - 691559by advs. b.dipu sach deev arun babu aneeshraj r. respondent/state: 1 state of kerala represented by public prosecutor, high court of kerala, pin - 682 031. 2 inspector of police kadakkal police station, kadakkal p.o., kollam district, pin - 691 536. by adv. sri. g sudheer (pp) this bail application having come up for admission on 07.09.2023, the court on the same day delivered the following: b.a.no.6567/2023 2orderthis anticipatory bail application has been filed by the parents of a child in conflict with the law, who is alleged to have committed offences under sections 354 a, 376 of the indian penal code and sections 3(a)(b), 4, 5j (ii), 7, 8 of the protection of children from sexual offences act (pocso act). the allegation is that the child in conflict with the law and the minor victim are neighbours and they entered into sexual relationship.2. the learned public prosecutor, on instruction, wouldsubmit that the filing of this anticipatory bail application is wholly unnecessary, as the child in conflict with the law is to be produced before the juvenile justice board and the prosecution does not even intend to seek the detention of the child in conflict with the law. recording the above submission of the learned public prosecutor, this anticipatory bail application is closed, as the prosecution has no intention to seek detention of the child in conflict with the law in any manner. sd/- gopinath p. judge ats

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945 BAIL APPL. NO. 6567 OF 2023 AGAINST THE ORDER DATED 26-07-2023 IN CRMC 1572/2023 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM CRIME NO.1144 OF 2023 OF KADAKKAL POLICE STATION, KOLLAM RURAL PETITIONER/ACCUSED: XX AGED 17 YEARS RESIDING AT XXXX, XXXX, XXXXP.O.XXX.XXX REPRESENTED THROUGH HIS FATHER XXX S/O XXX AGED XXXX YEARS RESIDING ATXXXXX, XXXX,XXXXX.P.O.XXXX, XXXX,XXXXX., PIN - 691559

BY ADVS. B.DIPU SACH DEEV ARUN BABU ANEESHRAJ R. RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 INSPECTOR OF POLICE KADAKKAL POLICE STATION, KADAKKAL P.O., KOLLAM DISTRICT, PIN - 691 536. BY ADV. SRI. G SUDHEER (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.6567/2023 2

ORDER

This anticipatory bail application has been filed by the parents of a Child in Conflict with the Law, who is alleged to have committed offences under Sections 354 A, 376 of the Indian Penal Code and Sections 3(a)(b), 4, 5j (ii), 7, 8 of the Protection Of Children from Sexual Offences Act (POCSO Act). The allegation is that the Child in Conflict with the Law and the minor victim are neighbours and they entered into sexual relationship.

2. The learned Public Prosecutor, on instruction, would

submit that the filing of this anticipatory bail application is wholly unnecessary, as the Child in Conflict with the Law is to be produced before the Juvenile Justice Board and the prosecution does not even intend to seek the detention of the Child in Conflict with the Law. Recording the above submission of the learned Public Prosecutor, this anticipatory bail application is closed, as the prosecution has no intention to seek detention of the Child in Conflict with the Law in any manner. Sd/- GOPINATH P. JUDGE ats

Same Court & Year Kerala Orders · 2023 Same Parties XX vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.