IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 18TH DAY OF MAY 2018 / 28TH VAISAKHA, 1940
Bail Appl..No. 3304 of 2018
AGAINST THE ORDER IN CRMP 738/2018 of SPECIAL COURT UNDER POCSO ACT,
MANJERI DATED 03-05-2018
CRIME NO. 74/2018 OF MELATTOOR POLICE STATION, MALAPPURAM
S/O. KUNHALAVI, AGED 22 YEARS, PERKUTH HOUSE,
EDAPETTA WEST, MALAPPURAM DISTRICT.
BY ADV.SRI.BABU S. NAIR
1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN-682 031.
2. THE SUB INSPECTOR OF POLICE,
MELATTOOR POLICE STATION,
MALAPPURAM DISTRICT, PIN- 679 326.
R1-R2 BY SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
B.A No. 3304 of 2018
Dated this the 18th day of May, 2018
The petitioner herein is arrayed as accused in Crime
No.74/2018 of the Melattoor Police Station for the offences punishable
under Section 377 IPC and Sections 9(1),10 of the Protection of
Children from Sexual Offences (POCSO) Act.
2. It is alleged by the prosecution that the accused had enticed
a victim boy aged 15 years about more than one year back and was
subjected to unnatural offence. The complaint was laid and crime was
registered. The petitioner herein was arrested and is in custody since
the date of arrest. He seeks bail.
3. It was contended by the learned counsel for the petitioner
that the complaint was laid after a gap of more than one year. The
petitioner herein and the family members of the victim were in enimical
terms and hence false complaint was laid. It seems that four crimes
have been registered at the instance of the same victim against four
separate accused. In crime Nos. 74/18 and 76/18 also Section 164 of
Cr.P.C statement of victim is stated to have been recorded. It is further
stated that the statement of victim is being recorded in all other cases.
Having considered the nature of allegations the delay in the registration
B.A No. 3304 of 2018
of the crimes and also the progress made in the investigation, I am
inclined to grant bail to the petitioner herein on the following
(I) Petitioner shall execute a bond for a sum of Rs.60,000/-(Rupees
sixty thousand only) with two sureties for the like sum each to the
satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer on all
Mondays and Thursdays for a period of two months from the date of the
release or till the final report is filed, whichever is earlier.
(iii) Except for the compliance of the above condition or for
appearance in a court of law, the petitioner herein shall not enter the
limits of the Melattoor police station for a period of two months from the
date of his release. In case of extreme emergency he may enter the
limits with the prior permission in writing of the jurisdictional court in
Bail application is allowed as above.