Syedali vs State of Kerala

Type Court Judgment Court Kerala Decided May 27, 2021

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https://sooperkanoon.com/case/1639779

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Citation: sooperkanoon.com/1639779
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: May 27, 2021
Case Number: Bail Appl./3892/2021

Parties & Advocates

Appellant / Petitioner

Syedali

Respondent

State of Kerala

Excerpt

..... petitioner induced the minorgirl that he would marry her and thereafter the petitioner had taken the minor girl to wayanad along with him. -3-3. the petitioner was arrested on 5.5.2021 and ever since he has been in custody.4. heard.5. the learned public prosecutor has noserious objection in allowing this application. it has been submitted by the learned public prosecutor that the petitioner is not having any criminal antecedent. it has been further submitted by the learned public prosecutor that the petitioner and the victim are lovers. the petitioner is aged 21 years and the victim is aged 17 years. considering the facts and circumstances, including the age of the petitioner and also taking into -4- consideration of the present pandemic situation, i am inclined to grant bail to the petitioner. in the result, this bail application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for rs.35,000/- (rupees thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court and subject to the following further conditions:- i.the petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation. -5- ii.the petitioner shall not intimidate or influence the witnesses including the victim or her family members or in any way tamper with the investigation. iii.the petitioner shall not get involved in any other offence during the pendency of this case. sd/-- b. sudheendra kumar, judge stk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943 CRIME NO.557/2021 OF Maranallor Police Station, Thiruvananthapuram PETITIONER/S: SYEDALI AGED 21 YEARS SH MANZIL, TC.NO. 10-1752, KUTHIRAKODE LANE, MANCHADIMOODU, VATTIYOORKAVU,THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695013 BY ADVS. SABU S.KALLARAMOOLA SRI.LEEJOY MATHEW.V. RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.SREEJA V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

The petitioner is the accused in Crime No.557 of 2021 of Maranallor Police Station registered for the offences punishable under Sections 366(A) and 370 IPC and Section 11 read with Section 12 of Protection of Children from Sexual Offences Act.

2. The prosecution allegation is that on 5.5.2021, the victim girl was found along

with       the       petitioner              in   a    bus     stop   near
Sulthanbathery.                 The     minor          girl    was    found
missing            from        her       house          from     4.5.2021
onwards.           The        petitioner          induced      the    minor

girl that he would marry her and thereafter the petitioner had taken the minor girl to Wayanad along with him. -3-

3. The petitioner was arrested on 5.5.2021 and ever since he has been in custody.

4. Heard.

5. The learned Public Prosecutor has no

serious objection in allowing this application. It has been submitted by the learned Public Prosecutor that the petitioner is not having any criminal antecedent. It has been further submitted by the learned Public Prosecutor that the petitioner and the victim are lovers. The petitioner is aged 21 years and the victim is aged 17 years. Considering the facts and circumstances, including the age of the petitioner and also taking into -4- consideration of the present pandemic situation, I am inclined to grant bail to the petitioner. In the result, this bail application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.35,000/- (Rupees Thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Court and subject to the following further conditions:- i.The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation. -5- ii.The petitioner shall not intimidate or influence the witnesses including the victim or her family members or in any way tamper with the investigation. iii.The petitioner shall not get involved in any other offence during the pendency of this case. Sd/-- B. SUDHEENDRA KUMAR, JUDGE STK

Same Court & Year Kerala · 2021 Same Parties Syedali vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar