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Mohammed Jaseel vs The State Of Kerala on 3 May, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 18TH DAY OF MAY 2018 / 28TH VAISAKHA, 1940

Bail Appl.No. 3301 of 2018

AGAINST THE ORDER IN CRMP 741/2018 of SPECIAL COURT UNDER POCSO ACT,
MANJERI DATED 03-05-2018

CRIME NO. 77/2018 OF MELATTOOR POLICE STATION, MALAPPURAM

PETITIONER(S):-

MOHAMMED JASEEL,
S/O. KUNHUMOHAMMED, AGED 23 YEARS, MUTHALI HOUSE,
EDAPETTA WEST, MALAPPURAM DISTRICT.

BY ADV.SRI.BABU S. NAIR

RESPONDENT(S):-

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 SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SMA

SUNIL THOMAS, J.

B.A No. 3301 of 2018

Dated this the 18th day of May, 2018

ORDER

The petitioner herein is arrayed as accused in Crime

No.77/2018 of the Melattoor Police Station for the offences punishable

under Section 377 IPC and Sections 7 8 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 16 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. 3301 of 2018
2

of the crimes and also the progress made in the investigation, I am

inclined to grant bail to the petitioner herein on the following

conditions:

(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

this crime.

Bail application is allowed as above.

Sd/-SUNIL THOMAS,
Judge.

lsn

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