XX vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2021

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https://sooperkanoon.com/case/1640291

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Citation: sooperkanoon.com/1640291
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Nov 30, 2021
Case Number: Bail Appl./4049/2021

Parties & Advocates

Appellant / Petitioner

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice gopinath p. tuesday, the 30th day of november 2021 / 9th agrahayana, 1943 crime no.242 of 2021 of harbour police station, ernakulam petitioners/accused: 1 xxxxxxxxxx 2 xxxxxxxxxx 3 xxxxxxxxxx by advs. nireesh mathew arun jose thomas respondent: state of kerala represented by public prosecutor, high court of kerala ernakulam, pin - 682031 by sri.c.n.prabhakaran (sr.pp) this bail application having come up for admission on 30.11.2021, the court on the same day delivered the following:orderthis is an application for anticipatory bail.2. the petitioners are the accused in crime no.242 of2021 of harbour police station, ernakulam district, alleging commission of offences under section 354a(1)(i) of the indian penal code and sections 9, 10, 16, 19, 21(1), 9(i), 9(l), 9(n) and 22(1) of the protection of children from sexual offences act, 2012.3. it is submitted that following the investigation of thecase, the matter is now pending before the additional district & sessions court for the trial of cases relating to atrocities and sexual violence against women and children, ernakulam as s.c.no.755 of 2021. since the final report has been filed in the matter and is pending before the competent jurisdictional court, it is only appropriate that the petitioners approach that court for grant of bail.in the light of the fact that the petitioners have already been released on interim bail through order dated 15.06.2021, it is directed that the petitioners will continue to be on bail in terms of the order dated 15.06.2021 till 15.12.2021. within that time it is for the petitioners to approach the jurisdictional court for bail. sd/- gopinath p. judge dk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 CRIME NO.242 OF 2021 OF HARBOUR POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED: 1 XXXXXXXXXX 2 XXXXXXXXXX 3 XXXXXXXXXX BY ADVS. NIREESH MATHEW ARUN JOSE THOMAS RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY SRI.C.N.PRABHAKARAN (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail.

2. The petitioners are the accused in Crime No.242 of

2021 of Harbour Police Station, Ernakulam District, alleging commission of offences under Section 354A(1)(i) of the Indian Penal Code and Sections 9, 10, 16, 19, 21(1), 9(i), 9(l), 9(n) and 22(1) of the Protection of Children from Sexual Offences Act, 2012.

3. It is submitted that following the investigation of the

case, the matter is now pending before the Additional District & Sessions Court for the trial of cases relating to Atrocities and Sexual Violence against Women and Children, Ernakulam as S.C.No.755 of 2021. Since the final report has been filed in the matter and is pending before the competent Jurisdictional Court, it is only appropriate that the petitioners approach that Court for grant of bail.

In the light of the fact that the petitioners have already been released on interim bail through order dated 15.06.2021, it is directed that the petitioners will continue to be on bail in terms of the order dated 15.06.2021 till 15.12.2021. Within that time it is for the petitioners to approach the Jurisdictional Court for bail. Sd/- GOPINATH P. JUDGE DK

Same Court & Year Kerala · 2021 Same Parties XX vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.