Koya Moideen vs. Koya Moideen

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938

Bail Appl..No. 2278 of 2016 ()

------------------------------- CRIME NO. 71/2016 OF KONDOTTY POLICE STATION, MALAPPURAM -----------------

PETITIONER/ACCUSED : -------------------

KOYA MOIDEEN S/O. BICHI KOYA AGED 62 YEARS, VALLIYIL HOUSE PUTHUPADAM, IKKARAPADI P.O., KONDOTTY TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH

RESPONDENT(S)/STATE & COMPLAINANT: ----------------------------------

• 1.THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, KOCHI - 682 031.
• 2.THE SUB INSPECTOR OF POLICE KONDOTTY POLICE STATION MALAPPURAM DISTRICT, PIN - 673 638.

R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Mn

SUNIL THOMAS, J. ================= B.A.No.2278 of 2016 ================= Dated this the 29th day of March, 2016

ORDER

Petitioner herein is the sole accused in Crime No.71 of 2016 of Kondotty Police Station for offences punishable under Sections 376 and 506(i) of the Indian Penal Code and Sections 3 r/w 4 of the Protection of Children from Sexual Offences Act, 2012.

2. According to the prosecution, on 23.01.2016, petitioner herein assaulted a minor girl aged about 10 years by fingering her private parts, thereby committed the offences. On the basis of the complaint lodged, he was arrested on 28.01.2016 and is in custody since then. He seeks bail.

3. Learned Public Prosecutor submitted that the investigation has substantially progressed. Section 164 Cr.P.C. statement of the victim girl has been recorded. Petitioner appears to be aged about 62 years. Having regard to the nature of allegations, all attending circumstances and at the same time the very fact that the petitioner herein is the neighbour of the victim, I am inclined to grant bail to the petitioner, however, subject to 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 Saturdays between 9 a.m. and 10 a.m. for a period of two months from the date of his release or till the final report is filed, whichever is earlier.

(iii) For a period of two months, petitioner shall not enter the limits of Kondotty Police Station except for compliance of the above condition.

(iv) He shall not threaten, coerce or intimidate the de facto complainant and the witnesses nor shall he interfere in the process of investigation.

(v) He shall not get involved in any other identical offences.

The bail application is allowed as above.

Sd/- SUNIL THOMAS Judge

Sbna/29/3/16

True Copy

P A to Judge