Kerala High Court
Bail Appl./9491/2019 of DEVIKA Vs STATE OF KERALA on 31 December 2019
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.9491 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMP 4543/2019 DATED 18-12-2019 OF SPECIAL COURT UNDER POCSO ACT, THRISSUR CRIME NO.1137/2019 OF
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.9491 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 4543/2019 DATED 18-12-2019 OFSPECIAL COURT UNDER POCSO ACT, THRISSUR
CRIME NO.1137/2019 OF Kunnamkulam Police Station, Thrissur PETITIONER/ACCUSED NO.2:
DEVIKA,AGED 19 YEARS, D/O. SATHEESAN, KUZHIPARAMBIL HOUSE, KOZHIKUNNU P.O, MULAKUNNATHUKAVU, THRISSUR NOW RESIDING AT THALAKOTTUKARA, VELOOR P.O, THRISSUR.
BY ADVS.SRI.P.VIJAYA BHANU (SR.)SRI.P.M.RAFIQSRI.V.C.SARATHSRI.VIPIN NARAYANSRI.AJEESH K.SASISMT.POOJA PANKAJSRUTHY N. BHATSRI.THOMAS J.ANAKKALLUNKAL
RESPONDENT/COMPLAINANT:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
OTHER PRESENT:
SMT.SREEJA.V., 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 19 year old lady, who has beenimplicated as 2[nd] accused in Crime No.1137/2019 ofKunnamkulam Police Station, for having allegedlycommitted the offences punishable under Sections 363,384, 376 of I.P.C. and Section 6 read with Sections5(1) and Section 17 read with Section 16 of the POCSOAct. The prosecution case is that the 1[st] accused, whowas allegedly intimate to the victim aged 16 years old,had sexually abused her several times at her house as well as at the house of the 2[nd] accused, who hadfacilitated them to commit the offence in her house.There is also an allegation that the 1[st] accused hadthreatened her by stating that he would publish hernude photographs in the WhatsApp group, thereby furthersubjected her to sexual assault under the threat.
There is, however, no allegation that the 2[nd]accused/petitioner was involved in such threats, apartfrom the allegation that she had facilitated the 1[st]accused and the victim to have sexual relationship at her house. She has been in judicial custody since 12.12.2019. No further interrogation of the petitioner is required. She has no criminal antecedents and sheis only 19 years old.
Under the above circumstances, the petition is allowed and the petitioner is released on bail on thefollowing conditions:
1) She 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) She shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.
In case of breach or violation, the bail granted toher is liable to be cancelled by the jurisdictionalCourt.
dkr
Sd/-
ASHOK MENONJUDGE
PETITIONER'S/S EXHIBITS:
APPENDIX
ANNEXURE A
COPY OF THE ORDER IN CRL.M.P.NO.4543/2019OF THE COURT OF FIRST ADDITIONAL SESSIONSJUDGE THRISSUR DATED 18.12.2019.