Kerala High Court
Ansar.A @ Porotta Nasar vs State Of Kerala on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
BAIL APPL. NO. 720 OF 2024
CRIME NO.536/2023 OF Medical College Police Station,
Kozhikode
AGAINST THE ORDER/JUDGMENT CRMC 329/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
VIOLENCE AGAINST WOMEN & CHILDREN), KOZHIKODE
PETITIONER/S:
ANSAR.A @ POROTTA NASAR,
AGED 56 YEARS
S/O.HANEEFA, THODIYIL HOUSE, PARAVOOR, KOLLAM
DISTRICT, PIN - 691301
BY ADV K.V.SREE VINAYAKAN
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
B.A.No. 720 of 2024
SOPHY THOMAS, J.
======================================================
B.A.No. 720 of 2024
=============================================================
Dated this the 29th day of February, 2024
ORDER
This is an application for regular bail under Section 439 Cr.P.C
filed by the sole accused in Crime No.536 of 2023 of Medical College
Police Station, Kozhikode, registered under sections 377, 109, 506 of
Indian Penal Code, Section 4(2) read with 3(a), 6 read with 5(1), 17
read with 16 of Protection of Children from Sexual Offences Act.
2. The prosecution allegation is that, during the period from
04.04.2023 to 27.04.2023, on several days, petitioner committed
unnatural sex and penetrative sexual assault on the victim boy, who
was aged only 15 years, after taking him to a room near Kuttikkattor
Service Station. Thereafter, he threatened the victim with death, when
he objected the repeated sexual acts of the petitioner.
3. Heard learned counsel for the petitioner and the learned
Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner would submit that
investigation is over and final report has been filed. The petitioner is
in judicial custody from 26.05.2023 onwards. So his continued
detention is not necessary. The petitioner is involved in Crime No.555
of 2023 of the very same police station, for committing similar
offence, on a 10 year old boy, after giving drugs and liquor to that boy.
Now that boy is under treatment for behavioral disorders and mental
issues, due to the sexual abuse and drug abuse from the part of the
petitioner. Learned Trial Court, as per letter dated 12.02.2024,
informed this Court that SC No.885 of 2023 is now ripe for trial and
on 01.01.2024, though summons was issued to CW1 to CW4 they
were absent. The Trial Court has assured disposal of SC No.885 of
2023 within a period of four months.
6. Considering the nature of allegations made against the
petitioner and his involvement in similar crime, this Court is not
inclined to release him on bail, as it may cause threat to the victim boy
as well as the other witnesses to be examined.
7. The Trial Court is directed to dispose of SC No.885 of 2023
within a period of four months from today. Registry to forward a copy
of this order to the trial court forthwith for compliance and report.
With this direction, above petition is disposed of.
sd/-
SOPHY THOMAS
JUDGE
das
APPENDIX OF BAIL APPL. 720/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE ORDER DATED 24-07-
2023 PASSED BY THE COURT OF ADDITIONAL
DISTRICT & SESSIONS FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND SEXUAL
VIOLENCE TOWARDS WOMEN AND CHILDREN,
KOZHIKODE
