Dr.Krishnan P Namboothiri vs Sub Inspector Of Police on 30 January, 2020

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Kerala High Court

Dr.Krishnan P Namboothiri vs Sub Inspector Of Police on 30 January, 2020

Bench: P.B.Suresh Kumar

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 THURSDAY, THE 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941

                   Bail Appl..No.283 OF 2020

  AGAINST THE ORDER/JUDGMENT IN CRMC 493/2019 DATED 30-12-
     2019 OF SPECIAL COURT UNDER POCSO ACT, KOZHIKODE

    CRIME NO.681/2019 OF Kozhikode Town Police Station ,
                          Kozhikode


PETITIONER/ACCUSED:

             DR.KRISHNAN P NAMBOOTHIRI, AGED 49 YEARS
             S/O. THRIVIKRAMAN NAMBOOTHIRI, PULLANGOTTILLAM
             HOUSE, PAINGOTTUPURAM, PERINGALAM (P.O),
             KUNNAMANGALAM, KOZHIKODE DISTRICT.

             BY ADVS.
             SRI.P.V.KUNHIKRISHNAN
             SRI.P.V.ANOOP

RESPONDENTS/COMPLAINANT & STATE:

      1      SUB INSPECTOR OF POLICE,
             TOWN POLICE STATION,
             KOZHIKODE DISTRICT, PIN-673 032

      2      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031

             BY SR. PP SRI. AMJAD ALI


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A. No. 283 of 2020
                                      -2-




                 Bail Application No. 283 of 2020
                 --------------------------------------


                               ORDER

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No. 681 of 2019 of Town Police Station, Kozhikode registered for offences punishable under Section 354 of the Indian Penal Code and Section 9(f) read with Section 10 of the Protection of Children from Sexual Offences Act. The petitioner is a teacher in the school where the victim girl is pursuing her studies. The accusation against the accused in the case is that on 10.10.2019, at about 2.00 p.m., in the course of an altercation, the accused pushed the victim girl down pressing her breast.

3. Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

4. The learned Public Prosecutor has made available the First Information Statement, and the statement of the victim B.A. No. 283 of 2020 -3- girl under Section 164 of the Code of Criminal Procedure.

5. Having perused the statements aforesaid, and in the light of the decision of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, (AIR 2011 SC

312) and having regard to the nature of the accusation and other facts and circumstances, I am inclined to grant anticipatory bail to the petitioner on the following conditions:

i) The petitioner shall make himself available for interrogation before the Investigating Officer within ten days from today. He shall also make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so;

ii) If the petitioner is arrested prior to, or after his appearance before the Investigating Officer in terms of this order, he shall be released from custody on execution of a bond for Rs.25,000/- with two sureties each for the like sum.

(iii) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution.

B.A. No. 283 of 2020 -4-

iv) The petitioner shall not involve in any other offence while on bail.

Sd/-

P.B.SURESH KUMAR JUDGE ds 30.01.2020

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