Kerala High Court
Muhammed Siyad V.P.P vs The State Of Kerala on 7 January, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941
BAIL APPL.NO.9552 OF 2019
CRIME NO.397/2019 OF NILESWAR POLICE STATION, KASARGOD
PETITIONER/ACCUSED:
MUHAMMED SIYAD V.P.P., AGED 22 YEARS,
S/O. RAIHANANTH, RESIDING AT V.P.P HOUSE,
VALAVAKKAD, ELAMBACHI P.O, EDUMBANTHALA,
SOUTH THRIKKARIPUR VILLAGE, KASARAGOD DISTRICT.
BY ADVS.SRI.T.MADHU, SMT.C.R.SARADAMANI
RESPONDENTS/STATE:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KEERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER,
NILESWAR POLICE STATION,
KASARAGOD DISTRICT - 671 314.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A. No. 9552 of 2019
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Dated this the 7th day of January, 2020
ORDER
The crime was initially registered as Crime No.650/2019 of Hosdurg Police Station, Kasaragod, for offences punishable under Sec.377 of the IPC and Secs.5l, 5m & 6 of the POCSO Act, 2012. The abovesaid crime was registered on the basis of the FIS given by the minor victim boy aged 12 years on 2.11.2019 at 7 pm, in respect of the alleged offences which happened from 1.7.2019 onwards. Since the major incidents in relation to the said crime have occurred within the territorial limits of the Nileshwar Police Station, the crime was transferred and registered as the instant Crime No.397/2019 of Nileshwar Police Station, for the abovesaid offences. The petitioner has been arrested in this case on 3.11.2019, and after his remand, has been under detention since then.
2. The prosecution case in short is that, the petitioner accused aged 22 years is the Usthad of the Madrassa where the B.A. No. 9552 of 2019 ..3..
minor victim boy aged 12 years is studying and residing. That, on a day which is 2 months prior to the submission of FIS dated 2.11.2019, the petitioner accused had touched the boy's private parts and later on 2 occasions the petitioner accused forcibly committed sexual assault on him by placing his genital organ between the thighs of the boy, which culminated in ejaculation, etc and thereby the petitioner accused has committed the abovesaid offences.
3. Sri.T.Madhu, learned counsel appearing for the petitioner would urge that the abovesaid allegations raised in this case are false and fabricated, and further that the petitioner has already suffered detention in this case for the last 65 days, and that the investigation has substantially progressed and that no effective purpose would be subserved by the continued incarceration of the petitioner, and that this Court may order to release the petitioner on regular bail, subject to any stringent conditions that may be deemed fit and proper by this Court.
4. The learned Prosecutor has seriously opposed the plea B.A. No. 9552 of 2019 ..4..
for grant of regular bail and has pointed out that the allegations disclosed in this case are very serious inasmuch as the victim in this case is a minor boy hardly aged 12 years and the petitioner is the Usthad of the Madrassa where the minor victim boy was residing and studying, and further that, there is every possibility of the petitioner intimidating and influencing the witnesses, more particularly minor victim boy and his family members, if the petitioner is let out on bail.
5. After hearing both sides and after careful evaluation of the facts and circumstances of the case, and also taking note of the allegations disclosed in this case as well as taking into reckoning the crucial aspect that the petitioner has already suffered detention in this case for the last 65 days, this Court is inclined to take the view that the continued incarceration of the petitioner could be avoided and he could be released on regular bail subject to certain exceptions. However, the abovesaid apprehension raised by the prosecution appears to be real and substantial and therefore as a safeguard it is ordered that the petitioner shall not enter into or B.A. No. 9552 of 2019 ..5..
reside anywhere within the territorial limits of the district where the minor victim boy is residing or studying, until the conclusion of trial process in this case, subject to certain exceptions. However, the petitioner shall not associate himself in any manner with the activities of the Madrassa where the minor victim boy is residing or studying until the conclusion of trial process in this case.
6. Accordingly it is ordered in the interest of justice 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, both to the satisfaction of the competent court below concerned. However the grant of bail will be subject to the following conditions:-
i. The petitioner shall report before the Investigating Officer (I.O.) concerned in relation to this case on every 2 nd and 4th Saturdays, at any timebetween 9 am and 2 pm for the next 10 months, and thereafter he will report before the I.O. as and when directed by the said officer.
ii. The petitioner shall not intimidate or attempt to influence the victim, witnesses; nor shall he tamper with the evidence.
B.A. No. 9552 of 2019
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iii. The petitioner shall not commit any offence while on bail. iv. The petitioner shall not go anywhere near to the educational institution or residence of the minor victim boy.
v. The petitioner shall not enter into or reside anywhere within the territorial limits of the district where the minor victim boy is residing or studying until the conclusion of trial process in this case, 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 lawyer/advocate concerned.
vi. However if on account of any emergent personal need the petitioner wants to visit the said area, he may do so but only with the prior permission of the Investigating Officer concerned.
vii. The petitioner shall not associate himself in any manner with any of the activities of the Madrassa where the minor victim boy is residing or studying until the conclusion of trial process in this case.
viii. The Investigating Officer will ensure that a Police Constable preferably a Woman Police Constable (not in uniform) is deputed to the residence of the minor victim B.A. No. 9552 of 2019 ..7..
boy once in six weeks, to ascertain whether he or his family members are subjected to any intimidation or influence by the petitioner or men at his instance. If anything adverse is brought to the notice of the Investigating Officer, then the said officer shall file appropriate report before the jurisdictional Special Court concerned seeking cancellation of bail granted to the petitioner hereby and thereupon the said Special Court will stand authorized to consider and pass orders on the plea for cancellation of bail, after hearing both sides and in accordance with law.
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