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Mujeeb vs Unknown on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

Bail Appl..No. 2226 of 2019
CRIME NO. 50/2019 OF MEPPADI POLICE STATION, WAYANAD

PETITIONER/ACCUSED:

MUJEEB
AGED 45 YEARS
S/O. SAIDALAVI P.M @ BAVA, PUTHENPARAMBIL HOUSE,
KUNNAMANGALAMVAYAL, MEPPADI P.O, KOTTAPPADI VILLAGE,
VYTHIRU TALUK, WAYANAD

BY ADV. SMT.CELINE JOSEPH

RESPONDENT/COMPLAINANT

STATE OF KERALA
STATION HOUSE OFFICER, MEPPADI POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2226 of 2019
2

ALEXANDER THOMAS, J.
————————————–
B.A.No.2226 of 2019
—————————————
Dated this the 02nd day of April, 2019

ORDER

The petitioner is the sole accused in Crime No.50/2019 of Meppadi

Police Station, Wayanad District, which has been registered for offences

punishable under Secs.363, 367, 377 of the IPC Sec.5(m) r/w Section 6,

Sec.7 r/w Section 8 and Sec.11(i)(iii) r/w Section 12 of the POCSO Act, 2012.

2. The brief of the prosecution case is that on 07.02.2019 at about

1p.m., the petitioner/accused had enticed and kidnapped the male victim boy

aged 11 years from the road side, near a cycle shop and taken into his

autorickshaw to Nedumbala and had shown him obscene pictures on his

mobile phone and had constantly abused him by loosening his zip of his

trousers and constantly holding and pressing his genitals, etc.

3. Immediately thereafter, the minor boy had informed his parents

about the incident, who, in turn had reported the same by giving First

Information Statement to the Meppadi Police Station on the same day and the

crime has been so registered at about 4.40p.m. The petitioner has been

arrested on 10.02.2019 and has been in judicial custody since then.
B.A.No.2226 of 2019
3

4. Smt.Celine Joseph, learned counsel appearing for the petitioner

would submit that even a proper reading of the entire text of the First

Information Statement of the minor victim boy would disclose that there are

no allegations therein, which disclose the offence under Sec.377 IPC or any

offence of carnal intercourse against the order of nature or any such other

related offences as per POCSO Act, except that the accused had repeatedly

pressed the private parts of the victim boy and had shown him obscene

pictures from the mobile phone.

5. Learned Public Prosecutor would submit that the investigation

has not so far been completed and that the allegations disclosed by the minor

victim boy in his First Information Statement are serious and grave and

further that the petitioner is likely to influence the witnesses, if he is released

at this stage. To the specific query raised by this Court, as to the present stage

of the investigation and as to the reasonable time required for submission of

the final report, it is submitted by the learned Public Prosecutor on

instruction that after finalising all procedural formalities in the investigating

process, the final report/charge sheet could be filed by the 2 nd week of April,

2019.

6. Having regard to submissions on both sides, it appears that no

serious allegation of forced carnal intercourse against the order of nature or

any alleged penetrative sexual assault or similar offences as per the POCSO
B.A.No.2226 of 2019
4

Act are disclosed against the petitioner as per the version given in the First

Information Statement, except the abovesaid incidents narrated hereinabove.

7. Taking into the abovesaid nature of allegations disclosed against

the petitioner and also taking into account the crucial facts of the petitioner,

who has been under judicial custody since 10.02.2019, this Court is inclined to

grant regular bail, but subject strict conditions, so as to ensure that the

petitioner does not enter into or reside anywhere within the territorial limits

of the District, where the minor victim boy is residing. Accordingly, it is

ordered

8. Accordingly, it is ordered that the petitioner shall be released on

bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only)

with two solvent sureties each for the like sum to the satisfaction of the

competent court below concerned. The above order shall be subject to the

following conditions:

(i). The petitioner will report before the Investigating Officer
concerned at any time between 10:00 a.m. and 1:00 p.m. on
every Saturdays for the first three months and shall report
before the Investigating Officer concerned during the above
said time on every second and fourth Saturdays thereafter for
the next 4 months or till the completion of the investigation or
till the submission of the final report, whichever is later.

(ii). He shall not intimidate or attempt to influence the defacto
complainant/victim, witnesses; nor shall he tamper with the
evidence.

(iii). He shall not commit any similar offence while on bail.

(iv) The petitioner shall not contact or reside in the residence,
where minor victim boy is now residing, until the conclusion
B.A.No.2226 of 2019
5

of the trial.

(v) The petitioner shall not enter into or reside anywhere within
the territorial limits of the District, where the minor victim
boy is residing, until the conclusion of the trial process, except
to the limited purpose of reporting to the Investigating Officer
in relation to this crime or any other crime or for attending
any courts in relation to this case or for contacting his
Advocate/Lawyer concerned.

In case of violation of any of the above conditions, the jurisdictional

Court concerned will stand hereby empowered to consider the application

for cancellation of bail, if required, and pass appropriate orders in

accordance with the law.

With these observations and directions, the above Bail Application

will stand disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

vgd

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