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2020 Supreme(Online)(KER) 38663

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
JAYAKUMAR K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.DINESH MATHEW, SRI.RENJITH.T.R.

O R D E R

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

2. Petitioner is the sole accused in Crime No.936 of

2020 of Mala Police Station. Above case is registered against the petitioner alleging offences punishable under Sections 506 of IPC and 75 of Juvenile Justice (Care and Protection of Children) Act.

3. The prosecution case is that, the victim is the daughter of the petitioner. According to the victim, even though there is a Court order directing the petitioner to give custody of the child to the mother for a certain period, the petitioner violated the same. Hence this complaint is registered.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. Admittedly, the father and the mother of the victim are residing separately. According to the petitioner, he divorced his wife. There is an arrangement regarding the custody of the child as per the orders of the family court and the same is violated.

6. After hearing both sides, and considering the facts and circumstances of this case, I think this bail application can be allowed on stringent conditions.

7. Moreover, considering the need to follow s

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