IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941
Bail Appl..No. 3214 of 2019
AGAINST THE ORDER IN CRL.MP 781/2019 of SPECIAL COURT UNDER POCSO
ACT, MANJERI
CRIME NO. 275/2019 OF Tirur Police Station , Malappuram
APPLICANT/ACCUSED:
ENI
AGED 70 YEARS
S/O MUHAMMED,THENDATH HOUSE,
PAYYANANGADI,TIRUR-PO,MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.VENUGOPAL (1086/92)
SMT.T.J.MARIA GORETTI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
PIN-682031.
2 STATION HOUSE OFFICER,
TIRUR POLICE STATION,TIRUR,
MALAPPURAM DISTRICT,PIN-676101.
BY SMT K K SHEEBA – PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 3214 of 2019
2
O R D E R
This is an application for bail filed under Section 439
Cr.P.C.
2. The petitioner is the accused in Crime No.275/2019
of Tirur Police Station registered for the offences punishable
under Section 377 IPC and Section 3(a) read with Section 4 of
the Protection of Children from Sexual Offences Act, 2012.
The prosecution allegation is that the accused, who is 70
years old, committed unnatural sexual intercourse with a boy
aged 13 years on a day in the month of February, 2019 and
thereby committed the offences aforesaid.
3. Heard the learned counsel for the petitioner and
the learned Public Prosecutor. Perused the case diary.
4. The victim filed the complaint belatedly on
21.03.2019 and the crime was registered. Following the
crime, the accused was arrested on 22.03.2019 and since
then he has been in judicial custody.
5. The learned counsel for the petitioner submits that
the inordinate delay in reporting the matter to the police
Bail Appl..No. 3214 of 2019
3
speaks about the falsity of allegations and the accused has
been in custody since 22.03.2019. The learned counsel
further submits that the applicant is a person aged 70 years
and is having various illness including cardiac ailments
requiring regular medication and medical consultation.
6. In view of the fact that the petitioner is a 70 year old
senior citizen and that no purpose will be served by further
detaining the applicant in judicial custody, it is just and proper
to grant bail to the petitioner after imposing stringent
conditions. Further, the petitioner has been in judicial custody
since 22.03.2019.
7. In the result, the petition is allowed and it is
ordered as follows. The petitioner shall be released on bail on
the following conditions:-
i) The petitioner shall execute a bond for
Rs.50,000/- (Rupees Fifty thousand only) with
two solvent sureties each for the like amount
to the satisfaction of the Magistrate’s court
concerned.
ii) The petitioner shall appear before the
Investigating Officer between 9 a.m. and 11
a.m. on all Mondays and Thursdays for a
Bail Appl..No. 3214 of 2019
4
period of three months after being released on
bail.
iii) The petitioner shall not in any manner
intimidate or influence the prosecution
witnesses. He will not in any manner contact
or try to contact the victim or his family
members, even over phone or otherwise.
iv) The petitioner shall surrender his passport in
the Magistrate’s court/jurisdictional court
concerned within three days of his release on
bail. If he does not possess any passport, he
shall file an affidavit to that effect in that court
within that period.
v) The petitioner shall not leave the State of
Kerala without the prior permission of the
jurisdictional court concerned.
vi) If the petitioner violates any of the conditions
of bail, it is open to the Court having
jurisdiction over the case to cancel his bail
without any further orders from this Court but
in accordance with law.
Sd/-
N.ANIL KUMAR, JUDGE
AV/3/5
