IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
BAIL APPL. NO. 3788 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1260/2022 OF DISTRICT COURT
& SESSIONS COURT,THRISSUR
PETITIONER/ACCUSED:
MUHAMMED BILAL,
AGED 46 YEARS
S/O.SUBRAMANIAN, KOMBANETH HOUSE,
NEAR ERIYAD MIT SCHOOL, ERIYAD VILLAGE,
KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680666
BY ADV K.RAJESWARY
RESPONDENT/COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN - 682031
2 XX
AGED 17 YEARS
XX, PIN - 680666
SR.PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3788 OF 2022
2
BECHU KURIAN THOMAS, J
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B.A.No.3788 of 2022
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Dated this the 31st day of May, 2022
ORDER
Petition filed under Section 439 Cr.P.C.
2. Petitioner is the sole accused in Crime No.377 of 2022 of Kodungallur Police Station registered for the offences punishable under Sections 354(A), 354(A) (1)(i) and 376(2)(n)(i) of the Indian Penal Code and Section 6 read with 5(1)(m), 4 R/w3(b) and 8 r/w 7 of Protection of Children from Sexual Offences (POCSO) Act, 2012.
3. The victim is a female child aged 17 years. The prosecution allegation is that, the petitioner, who is a friend of the father of the victim, committed penetrative sexual assault against the victim on several days.
4. Sri.Anil Prabhu, the learned counsel for the petitioner, vehemently contended that petitioner is totally innocent and has been falsely implicated. It was also submitted that the entire case was concocted due to an enmity that arose on account of the petitioner chiding the victim for not attending classes regularly.
5. The learned Public Prosecutor, on the other hand, submitted that BAIL APPL. NO. 3788 OF 2022 3 the petitioner is not entitled to be enlarged on bail, considering the circumstances arising in the case. It was pointed out that the victim was abused by the petitioner even when she was studying in the 5th standard and that the present incident was committed at the time when the victim was only 17 years old.
6. Having considered the circumstances and the allegations raised in the case and after hearing the learned counsel for the petitioner as well as the learned Public Prosecutor, I find that the petitioner misused the close relationship with the victims family and the allegations are serious in nature. In such circumstances, I do not find this to be a fit case for the grant of bail at this stage. With the above observations, the bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/31/05//2022 BAIL APPL. NO. 3788 OF 2022 4 APPENDIX OF BAIL APPL. 3788/2022 PETITIONER ANNEXURES Annexure1 ORDER OF THE HONOURABLE DISTRICT COURT AND SESSIONS COURT AT TRISSUR Annexure 2 PHOTOGRAPHS OF VICTIM Annexure 3 COPY OF THE COMPLAINT FILED BY THE EPTITIONER'S WIFE BEFORE TEH SHO KODUNGALLOOR //TRUE COPY// PA TO JUDGE