Kerala High Court
Raman Pillay vs State Of Kerala on 8 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
B.A. No. 1529/2019 ..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
BAIL APPL.NO. 1529 OF 2019
CRIME NO. 369/2018 OF BEDAKOM POLICE STATION , KASARGOD
PETITIONER:
RAMAN PILLAY, AGED 62 YEARS
S/O.VELUKUTTY PERINHANAM HOUYSE, MUNNAD.P.O.
CHENGALA(VIA), KASARAGOD DISTRICT.
BY ADVS.
M SASINDRAN
SRI.P.K.SUBHASH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER
(CRIME NO.369/2018 OF BEDAKAM POLICE STATION)
KASARAGOD DISTRICT-671541.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08.03.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A. No. 1529/2019 ..2..
ALEXANDER THOMAS, J.
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B.A. No. 1529 of 2019
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Dated this the 8th day of March, 2019
ORDER
The petitioner is the sole accused in Cr.No.369 of 2018 of Bedakam Police Station, Kasaragod District for offences punishable under Secs.7 & 8 of the POCSO Act, 2012. The brief of the prosecution case is that on 18.11.2018 at about 9.30 A.M., when the minor victim boy aged 13 years had come to the house of the accused, the accused had touched the private part of the boy and thereafter immediately the boy left the house.
2. The petitioner would contend that he is innocent of the allegations and the criminal proceedings has been falsely charged on him. It is further stated that the abovesaid complaint was given by the parents of the minor boy on the basis of certain misunderstandings and that they have now realised the correct state of affairs as is discernible from Annx.A-II & A-III affidavits separately sworn to by the parents of the victim boy. The B.A. No. 1529/2019 ..3..
petitioner has not been so far been interrogated and that he has not co-operated so far to undergo the potency test through the hospital authority concerned. Sri.M.Sasindran, learned counsel appearing for the petitioner/ accused would submit on the basis of instructions that the petitioner would fully co-operate with the investigation and would also make available himself for interrogation so as to sincerely co-operate with the investigation and that even going by the allegations of the prosecution, it is absolutely unnecessary and irrelevant to insist for potency test and but that the Investigating Officer so insist, the petitioner have no objection to undergo potency test as well.
3. Having regard to the facts of this case, this Court deems fit to issue the following directions and orders. i. The petitioner will immediately surrender before the Investigating Officer in respect of Crime No. 369 of 2018 of Bedakam Police Station, Kasaragod District at 10 A.M. on or before 30.3.2019 inorder to submit himself for interrogation process.
ii. The Investigating Officer will conduct the investigation process and the petitioner will fully co-operate with that and the Investigating Officer will be also at liberty to ensure that the petitioner undergoes the potency test if it is so found appropriate.
iii. If for any reason the interrogation process and the conduct of potency test cannot be completed on the same day, then the Investigating Officer will direct the petitioner to appear on the next available working day at the appropriate time as deem fit by the Investigating Officer. iv. Thereafter the petitioner may appear on such alternate day and would subject himself to undergo the potency test if so directed by the Investigating Officer.
B.A. No. 1529/2019 ..4..
v. After the abovesaid interrogation process and conduct of potency test is over, in case the Investigating Officer arrests the petitioner, then the petitioner shall be released on bail on executing bond for Rs.40,000 and on furnishing two solvent sureties for the like sum both to the satisfaction of the Investigating Officer concerned. However the grant of such bail will be subject to the following conditions.
"The petitioner shall not visit anywhere near the location and residence of the minor victim boy."
With these observations and directions, the above Bail Application will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE MMG