Kerala High Court
Sourav.P vs State Of Kerala on 16 May, 2023
Author: V.G. Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
BAIL APPL. NO. 3727 OF 2023
AGAINST THE ORDER/JUDGMENTCMP 2260/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - I, KASARAGOD / I ADDITIONAL MACT,
KASARAGODE
PETITIONER/2nd ACCUSED:
SOURAV.P
AGED 20 YEARS
C/O SAJEEVAN.M.P, ANANTHAMPALLA, OZHINJAVALAPPU.P.O,
VTC,KANHANGAD, NILESWAR, HOSDURG TALUK KANHANGAD,
KASARGOD, PIN - 671 315.
BY ADVS.
P.K.SUBHASH
RAVEENA K.R.
DANIC ANTONY
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682 031.
BY ADV SRI.RENJITH GEORGE
SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A No. 3727 of 2023 2
V.G. ARUN, J
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B.A No. 3727 of 2023
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Dated this the 16th day of May, 2023
ORDER
The petitioner is the 2nd accused in Crime No. 337 of 2023 registered at the Chandera Police Station, Kasargode District alleging commission of the offence punishable under Section 354(A)(1)(i) of the Indian Penal Code and Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012.
2. The crime is registered on the allegation that, on 04.03.2023, the petitioner allowed 1st accused to take the survivor in his car with his consent and connivance and the 1st accused committed the alleged offences by hugging the survivor, a minor girl aged 13 years.
3. The learned counsel for the petitioner submitted that the petitioner is in custody from 08.03.2023 onwards and even going by the prosecution allegations, he has not committed any overt act, so as to attract the offences under the POCSO Act.
4. Heard the learned Public Prosecutor also. B.A No. 3727 of 2023 3
5. Going by the allegations, I find prima facie substance in the submission that, other than lending his car to the 1 st accused, the petitioner has not committed any offence falling under the POCSO Act. Of course, whether the car was given to the first accused with the knowledge that he would be taking the minor girl and committing the overt act, are matter to be decided by the trial court. Even then, considering that the petitioner is aged only 20 years and has been in custody from 08.03.2023 onwards, I am inclined to allow the bail application.
Accordingly, the following order is passed;
(i)The petitioner shall be enlarged on bail, on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount, to the satisfaction of the court below.
(ii) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(iii) The petitioner shall not leave the State of Kerala without obtaining permission from the jurisdictional court. B.A No. 3727 of 2023 4
(iv) The petitioner shall not attempt to get in touch with the survivor, in any manner whatsoever. If any of the above conditions are violated, the learned investigating officer concerned can move the jurisdictional court for cancellation of bail.
Sd/-
V.G. ARUN JUDGE sah B.A No. 3727 of 2023 5 APPENDIX OF BAIL APPL. 3727/2023 PETITIONER'S ANNEXURES Annexure1 TRUE COPY OF THE ORDER IN CRIMINAL M.P.NO.
2260 OF 2023 DATED 19.04.2023 ON THE FILE OF COURT OF ADDITIONAL SESSION JUDGE- I, KASARGOD