Kerala High Court

Bail Appl./9348/2019 of SHIYAS Vs STATE OF KERALA, on 31 December 2019

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9348 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMP 2202/2019 DATED 06-12-2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES &

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941

Bail Appl..No.9348 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMP 2202/2019 DATED 06-12-2019 OFADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUALVIOLENCE AGAINST WOMEN AND CHILDREN), THIRUVANANTHAPURAM

CRIME NO.1292/2019 OF Kilimanoor Police Station,Thiruvananthapuram PETITIONER/1ST ACCUSED:

SHIYAS,AGED 24 YEARS, S/O.NOUSHAD, THAVAKKAL MANZIL, CHATHAMPARA, KARAVARAM DESOM, CHIRAYANKEEZHU, THIRUVANANTHAPURAM.

BY ADV. SRI.M.R.SARIN

RESPONDENTS:

1STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2THE SUB INSPECTOR OF POLICE,ERNAKULAM CENTRAL STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

OTHER PRESENT:

SRI.T.R.RANJITH, PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

Dated this the 31st day of December 2019

The petitioner is the 1[st] accused along with hismother in Crime No.1292/2019 of Kilimanoor PoliceStation, for having allegedly committed the offencespunishable under Sections 366, 376(2)(4)(n) of I.P.C.and Section 8 r/w 7, 4 r/w 3(a), 6 r/w 5(l)(n) of POCSOAct. The allegation against the petitioner is that heunder promise of marriage sexually assaulted the 17year old defacto complainant and thereafter evenretracted from the promise given to her. The statementof the defacto complainant very clearly statesregarding the sexual assault. The learned Counselappearing for the petitioner would submit that thepetitioner was born and brought up in Dubai and that hefell in love with the defacto complainant, whichresulted the case being registered against him. Now,she has attained the age of 18 year. It is alsoalleged that the defacto complainant has relationshipwith several others and that is the reason for breakingtheir relationship, which resulted in the criminal casebeing registered against him.

The petitioner is 24 years old and he has no other criminal antecedents. Custodial interrogation of the petitioner is not required. He has already surrendered his Passport and there is no possibility of absconding.

He has been in judicial custody for about 42 days.

Under the above circumstances, the petition is allowed and the petitioner is released on bail on the following conditions:

1) He shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court having jurisdiction.

2) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with theevidence.evidence.

3) He shall keep the Passport surrendered and heshall not go abroad without seeking the permissionshall not go abroad without seeking the permission of the trial court.

4) He shall make himself available for interrogationbefore the investigating officer as and whencalled for. before the investigating officer as and whencalled for.

In case of breach or violation, the bail granted tohim is liable to be cancelled by the jurisdictionalCourt.

dkr

Sd/-

ASHOK MENON

JUDGE

PETITIONER'S/S EXHIBITS:

APPENDIX

ANNEXURE A1ANNEXURE A2

COPY OF THE FIR IN CRIME NO.1292/19 OFKILIMANOOR POLICE STATION DATED 20.10.2019.

COPY OF THE ORDER IN CRL.M.P.2202/2019PENDING IN THE ADDITIONAL SESSIONS JUDGEFOR THE TRIAL OF CASES RELATING TOATROCITIES AND SEXUAL VIOLENCE AGAINSTWOMEN AND CHILDREN, THIRUVANANTHAPURAMDATED 06.12.2019.

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