IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
BAIL APPL. NO. 6522 OF 2022
AGAINST THE ORDER/JUDGMENT SC 813/2022 OF FAST TRACK SPECIAL
COURT, TIRUR, [IN CRIME NO.338/2022 OF THIRURANGADI POLICE
STATION, MALAPPURAM]
PETITIONER/ACCUSED 1:
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BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.K.A.NOUSHAD - PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6522 OF 2022
2
BECHU KURIAN THOMAS, J.
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B.A.No. 6522 of 2022
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Dated this the 29th day of August, 2022
ORDER
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the 1st accused in Crime No.338/2022 of the Thirurangadi Police Station, Malappuram, now pending consideration as S.C.No.813/2022, in the files of the Fast Track Special Court, Tirur, alleging offences under Sections 363 and 377 of the Indian Penal Code, 1860, apart from Section 6(1) r/w Section 5(l), Section 6(1) r/w Section 5(m), Section 21(1) r/w Section 19(1) of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that the petitioner committed unnatural penetrative assault, against the order of the nature, on a minor boy, aged 10 years.
4. Shri.Nireesh Mathew, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that the incident as alleged had not occurred.
BAIL APPL. NO. 6522 OF 2022 3
5. Shri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the petitioner is alleged to have committed a heinous crime and that the release of the petitioner on bail would cause great prejudice to the prosecution case and would also act as a threat or intimidation to the victim.
6. I have gone through the statement of the victim and I have appreciated the contentions of the learned counsels.
7. Considering the nature of allegations against the petitioner and taking note of the fact that the victim is only 10 years in age, the apprehension expressed by the prosecution cannot be said to be without any basis.
8. Taking note of the aforesaid circumstances, I am of the view that this is not a fit case where the petitioner can be released on bail pending trial.
Accordingly, this bail application is dismissed.
BECHU KURIAN THOMAS JUDGE ssa/