Xx vs 1. The State Of Kerala, ...
2022 Latest Caselaw 5940 Ker

                   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
                          ..............................................
                                B.A.No.3788 of 2022
                             .....................................
                        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

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

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