Kerala High Court
Bail Appl./10452/2022 of SUMEJ Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10452 OF 2022 CRIME NO.1557/2022 OF Malayinkeezh Police Station, Thiruvananthapuram PETITIONER/ACCUSED: SUMEJ AGED 22 YEARS SUMEJ,S/O SUDARSAN,
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
BAIL APPL. NO. 10452 OF 2022
CRIME NO.1557/2022 OF Malayinkeezh Police Station, Thiruvananthapuram PETITIONER/ACCUSED:
SUMEJAGED 22 YEARSSUMEJ,S/O SUDARSAN,KONNATH HOUSE,KANDAMKULAM,METHALA.P.OKODUNGALLUR ,THRISSUR DISTRICT,, PIN - 680669BY ADVS.M.SHAJU PURUSHOTHAMANK.S.RAJESH
RESPONDENT/COMPLAINANT:
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031BY SRI. P.G. MANU (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
P.G. AJITHKUMAR, J. ------------------------------- B.A.No. 10452 of 2022
-------------------------------------------------------- Dated this the 30[th] day of December, 2022
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O R D E R
This is an application for bail filed under Section 439 of theCode of Criminal Procedure, 1973.
2. The petitioneris the accused in Crime No.1557/2022 ofMalayinkeezhu Police Station, Thiruvananthapuram. Heallegedly had committed the offences punishable under Section363 of the Indian Penal Code 1860 and under Section 11(II)(IV)& Section 15 of the Protection of Children from Sexual OffencesAct, 2012.
3. Heard the learned counsel for the petitioner and thelearned Public Prosecutor.
4. The prosecution allegation in brief is that, the accusedinduced the victim girl of 16 years who was studying in the 10[th]standard to send the photograph of her private part, after havingacquaintance with her through instagram, and later directed thevictim to come to Thampanoor Railway Station with a view tokidnap her from her lawful guardianship. Thereby the accused issaid to have committed the said offences.
5. The petitionerwould contend that hedid not involve inthe alleged crime and without any material or evidence, hehas been implicated in the crime. He is innocent. The investigationin the matter has been progressed considerably and there is noreason or justification for his further detention.
6. The learned Public Prosecutor would submit thatconsidering the seriousness of the offence and the possibility ofhis interfering with the investigation in the event of his releaseon bail, this petition deserves only to be dismissed.
7. The petitioner has been in judicial custody since 04.12.2022.Having heard the learned counsel appearing for thepetitioner and the learned Public Prosecutor, and consideringthe nature and gravity of the offence, further detention of thepetitioner is unnecessary. I am therefore of the view that thepetitioner is entitled to be released on bail.
In the result, the bail application is allowed and the petitioneris granted bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only), with two solvent sureties for thelike amount each, to the satisfaction of the learned Magistrate,subject to the following conditions:
(i) Heshall not influence or intimidate witnesses or tamper with evidence;
(ii) He shall appear before the investigating officeras and when called for; and B.A.No. 10452 of 2022 4
(iii) During the bail period, Heshall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before thejurisdictional court.
Sd/-
P.G. AJITHKUMAR, JUDGE
sbk/-