Kerala High Court
Nandu Kishor vs State Of Kerala on 10 June, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
BAIL APPL.NO. 3920 OF 2019
CRIME NO. 537/2019 OF PETTA POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
NANDU KISHOR, AGED 23 YEARS,
S/O KISHOR KUMAR,RESIDING AT T.C.94/683(31),
KANNANMOOLA,PUTHEPALAM,VANCHIYOOR VILLAGE,
PNRA 83,THIRUVANANTHAPURAM.
BY ADV. SRI.S.CHANDRASEKHARAN NAIR
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE GOVENMENT PLEADER,
HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.
2 THE SUB INSPECTOR OF POLICE,
PETTAH POLICE STATION,
THIRUVANANTHAPURAM-695014.
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI.K.A.ANAS, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A. No. 3920 of 2019
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Dated this the 10th day of June, 2019
ORDER
The petitioner is the sole accused in Crime No.537/2019 Pettah Police Station, which has been registered for offences punishable under Secs.376(2)(n), 354 & 354C of the IPC Sec.3(a) r/w 4, 5(l) r/w 6, 7 r/w 8 & 13(b) r/w 14(2), 14(4) of the POCSO Act & Sec. 67(B)(e) of the Information Technology Act.
2. The prosecution allegation in short is that some time during the month of August, 2018 the petitioner had taken the minor victimgirl aged 15 years to an abandoned house in the neighbourhood of the victim's house and accused had sexual intercourse with her on 3 occasions and that he had visually recorded the said act in his mobile phone and had transmitted the said obscene pictures to many other persons, and that the petitioner has committed the abovesaid offences.
3. Counsel for the petitioner would point out that the abovesaid allegations are falsely foisted on the petitioner and that the girl's father is now living separately in Sreekaryam, and that he is a neighbour of the petitioner, and that the mother and the B.A. No. 3920 / 2019 ..3..
girl are staying at Kannanmoola, Pettah, and that the mother was not liking the girl visiting the father and on many occasions, the petitioner was asked by the girl's father to give her money, etc, and that the girl's mother has falsely foisted the allegations on the petitioner, etc.
4. Learned Prosecutor has denied the abovesaid allegations, and stated that the Police has bonafide acted on the basis of FIS/complaint of the minor victim girl. Further it is urged by petitioner's counsel that the petitioner has been under judicial custody since 24.3.2019, and that the investigation has almost been completed, and his continued detention is no longer necessary. Learned Prosecutor would point out that the investigation is almost complete, and the draft charge sheet has been prepared and the final report will be filed immediately after completing the necessary formalities.
5. The learned Prosecutor would point out that the petitioner is likely to intimidate and influence the witnesses including the minor victim girl. The apprehension of the Prosecutor cannot be ruled out. B.A. No. 3920 / 2019
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Having regard to the fact that the investigation is almost over, and as the petitioner has been under judicial custody since the last 78 days, this Court is inclined to consider the plea for regular bail, but subject to stringent condition, that the petitioner shall not reside anywhere within the territorial limits of the Police Station where the minor victim girl is now residing, until the conclusion of trial.
6. Accordingly it is ordered that the petitioner shall be released on bail on his executing bond for Rs.40,000/- and on his furnishing two solvent sureties for the like sum, each to the satisfaction of the competent court below concerned.
7. However the grant of bail will be subject to the following conditions:-
i. The applicant shall appear before the Investigating Officer on every 2nd and 4th Saturdays, at any time between 10 am and 1 pm, for a further period of 3 months or till final report is filed, whichever is earlier.
ii. He shall not intimidate or attempt to influence the defacto complainant/victim, witnesses; nor shall he tamper with the evidence.
iii. He shall not commit any offence while on bail. iv. The petitioner shall not visit or go anywhere near to the residence or educational institution of the minor victim girl. v. The petitioner shall not enter into or reside within the territorial limits of the Police Station where the minor victim girl and her family is residing until the conclusion of trial, except for the limited purpose of reporting before the Investigating Officer concerned in this crime, or for attending to the Court in relation to this case or any other cases or for contacting his lawyers/advocates concerned.B.A. No. 3920 / 2019
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If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned shall stand hereby empowered to consider the plea for cancellation of bail if required, and pass appropriate orders in accordance with law.
With these observations and directions, the above Bail Application will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE MMG