Sooraj vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 30, 2021

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Citation: sooperkanoon.com/1642708
Court: Kerala High Court
Judge: Honourable Mrs. Justice M.R.Anitha
Decided On: Sep 30, 2021
Case Number: Bail Appl./4591/2021

Parties & Advocates

Appellant / Petitioner

Sooraj

Respondent

State of Kerala

Excerpt

.....thereby, accused committed the offece aforementioned.3. according to the learned counsel for the petitioner, this is afalse case registered against the petitioner out of previous enmity. she produced annexure a1, which is the copy of fir in crime no.2108/2020 of sasthamcotta police station registered at the instance of the petitioner against the relative of the defacto complainant and annexure a2 is the copy of fir in crime no.2183/2020 registered at the instance of the mother of the petitioner herein against the mother and sister of the defacto complainant.4. annexure a1 and a2 would go to show that both thecrimes have been registered prior to the present crime registered against the petitioner. it is also seen that though the incident alleged to have happened on 03.2.2021, the crime was registered on 18.3.2021.5. the learned public prosecutor would contend that on 04.2.2021, she has filed a complainant to child welfare committee. but no document in that regard is forthcoming from the side of respondent. petitioner/accused is only 20 years of old. hence, in view of thefacts and circumstances, especially in view of the delay in lodgingthe fis, i am inclined to grand pre-arrest bail to the petitioner on the following conditions:- i) the petitioner shall be released in the event of his arrest shall be released on bail on executing bond for a sum of rs.35,000/- (rupees thirty five thousand only) with two solvent sureties for the like sum each. ii) the petitioner shall make himself available for interrogation by the police officer as and when required. iii) the petitioner shall not commit any offence while on bail. iv) if any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law. the bail application is allowed as above. sd/- m.r.anitha judge smf

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 BAIL APPL. NO. 4591 OF 2021 CRIME NO.287/2021 OF Sasthamcotta Police Station, Kollam PETITIONER/ACCUSED: SOORAJ AGED 20 YEARS S/O. RAVEENDRAN, PALLITHARA, ULLOORUPP JUNCTION, IYTHOTTUVA, WEST KALLADA, KOLLAM DISTRICT-691500. BY ADVS. K.SIJU S.SEETHA ANJANA KANNATH RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2 STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT-690521. ADV.C.N.PRABHAKARAN - PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 30th day of September 2021 Petitioner is the sole accused in Crime No.287/2021 of Sasthamcotta Police Station, Kollam District, which was registered for the offence punishable under Sections 354 and 323 of IPC and Sections 7 r/w 8 of the Protection of Children from Sexual Offence Act, 2012.

2. It is alleged that on 03.2.2021 at about 18.00 hours, while

the victim was returning home on a bicycle after attending the tuition, the accused came by the motorcycle, intercepted her and pressed her chest and when she made alarm, the petitioner had caused hurt to her by beating. Thereby, accused committed the offece aforementioned.

3. According to the learned counsel for the petitioner, this is a

false case registered against the petitioner out of previous enmity. She produced Annexure A1, which is the copy of FIR in Crime No.2108/2020 of Sasthamcotta Police Station registered at the instance of the petitioner against the relative of the defacto complainant and Annexure A2 is the copy of FIR in Crime No.2183/2020 registered at the instance of the mother of the petitioner herein against the mother and sister of the defacto complainant.

4. Annexure A1 and A2 would go to show that both the

crimes have been registered prior to the present crime registered against the petitioner. It is also seen that though the incident alleged to have happened on 03.2.2021, the crime was registered on 18.3.2021.

5. The learned Public Prosecutor would contend that on 04.2.2021, she has filed a complainant to Child Welfare Committee. But no document in that regard is forthcoming from the side of respondent. Petitioner/accused is only 20 years of old. Hence, in view of the

facts and circumstances, especially in view of the delay in lodging

the FIS, I am inclined to grand pre-arrest bail to the petitioner on the following conditions:- i) The petitioner shall be released in the event of his arrest shall be released on bail on executing bond for a sum of Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties for the like sum each. ii) The petitioner shall make himself available for interrogation by the Police Officer as and when required. iii) The petitioner shall not commit any offence while on bail. iv) If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law. The bail application is allowed as above. Sd/- M.R.ANITHA JUDGE SMF

Same Court & Year Kerala · 2021 Same Parties Sooraj vs State of Kerala Same Judge Honourable Mrs. Justice M.R.Anitha