Kerala High Court
Sadhik Ali vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
BAIL APPL. NO. 877 OF 2024
CRIME NO.818/2023 OF Pandikad Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT CRMP 16/2024 OF FAST TRACK SPECIAL
COURT, PERINTHALMANNA
PETITIONER/1st ACCUSED
SADHIK ALI,
AGED 50 YEARS
S/O.VEERAN, CHIRAKKAL HOUSE, PUNNAPALA P.O., WANDOOR,
MALAPPURAM DISTRICT, PIN - 679328
BY ADV K.RAKESH
RESPONDENT/STATE AND COMPLAINANT
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 877 of 2024
2
ORDER
This is an application for regular bail under Section 439
of the Code of Criminal Procedure, 1973 filed by the 1st
accused in Crime No.818/2023 of Pandikad Police Station,
Malappuram registered under Sections 354, 354(A)(2),
354(B), 354(D)(1)(2), 342, 109, 114, 115, 120(B), 366, 366(A),
375(c), r/w 376(2)(f), 376(3), 120(B) of IPC and Sections 75,
84, and 87 of JJ Act, Section 6(l) r/w 5(n), 10 r/w 9(n), 12 r/w
11(i) (iv) and 17 of POCSO Act.
2. The prosecution allegation is that in the month of April
and October 2023, the petitioner followed the victim girl aged
14 years, and took her to Kozhikode beach and committed
penetrative sexual assault on her, with the aid of her mother.
On 03.07.2022, the petitioner kidnapped the victim and took
her to a room at Manjeri and committed sexual assault on
her.
3. Heard learned counsel for the petitioner and learned
Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned counsel for the petitioner would submit that
though the first incident of sexual assault allegedly occurred
in the year 2021, the complaint was lodged only in the year
2023. The 2nd accused-the mother of the victim was arrested
and released on bail. The investigation is over and final
report has been filed, and it is pending before the Fast Track
Special Court-1, Perinthalmanna as S.C No.16/2024. He is in
judicial custody from 28.10.2023 onwards. He is ready to
abide by any conditions imposed by this Court.
6. The trial court rejected his bail application, stating
that if he is released on bail, there are chances of influencing
the witnesses and so it was not feasible to release him on bail
before examination of the survivor/victim. The learned Judge
has stated in that order that, the examination of the survivor
can be completed within three weeks. So, a report was called
for from the trial court as to the present stage of
S.C.No.16/2024. As per letter dated 09.02.2024, the learned
Fast Track Special Judge-1, Perinthalmanna informed this
Court that the case is posted for pre charge hearing, and if
the petitioner is not discharged, charge can be framed before
17.02.2024. So, it seems that there is no probability to
complete examination of the victim in a near future. So, this
Court is inclined to allow this application on the following
terms:
(i). The petitioner shall be released on bail on
executing bond for Rs.50,000/- (Rupees Fifty Thousand
only) with two solvent sureties each for the like sum to the
satisfaction of the trial court.
(ii) The petitioner shall not enter the limits of
Pandikkad police station, Malappuram, where the victim
girl is residing with her uncle, till the trial in
S.C.No.16/2024 is over.
(iii) The petitioner shall not try to contact the victim
or her family members and shall not cause any kind of
harassment to them, either directly or indirectly.
(iv). The petitioner shall not influence or intimidate
the witnesses or tamper with the investigation.
(v). The petitioner has to surrender his passport
before the trial court at the time of executing bond and if
he is not having a passport, he has to file an affidavit to
that effect before the trial court.
(vi). The petitioner shall not leave the limits of
State of Kerala without getting prior sanction from the
trial court.
(vii). The petitioner shall not commit any offence
while on bail.
(viii). In case of violation of any of these
conditions, the trial court is empowered to cancel his
bail, in accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
smm
APPENDIX OF BAIL APPL. 877/2024
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE ORDER IN
CRL.M.P.NO.16/2024 FILED BEFORE THE
SPECIAL COURT FAST TRACK-I,
PERINTHALMANNA DATED 24-1-2024
