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. 715 OF 2024
CRIME NO.555/2023 OF Medical College Police Station,
Kozhikode
AGAINST THE ORDER/JUDGMENT SC 817/2023 OF FAST TRACK
SPECIAL COURT, 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 OURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR.PP-SRI.RENJIT GEORGE
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. 715 of 2024
SOPHY THOMAS, J.
======================================================
B.A.No. 715 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.555 of 2023 of Medical College
Police Station, Kozhikode, registered under sections 377, 328, 363 of
Indian Penal Code, Section 4 read with 3(a)(c), 6 read with 5(1), 8
read with 7 of Protection of Children from Sexual Offences Act,
Section 77 of Juvenile Justice (Care and Protection of Children) Act
and Section 118(1) of Kerala Police Act.
2. The prosecution allegation is that, from July 2022 to April
2023, on several days, petitioner kidnapped the victim boy, who was
aged only 10 years at that time, from the lawful guardianship of his
parents and took him to a room near Kuttikkattor Service Bus Stop,
and after giving him ganja beedi and liquor, subjected him to
unnatural sex and penetrative sexual assault.
3. Heard learned counsel for the petitioner and the learned
Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application
stating that now the boy is suffering from behavioral disorders due to
sexual abuse and drug abuse, from the part of the petitioner. The trial
also cannot be proceeded with, as the victim boy was not in a position
to give testimony before the Court. A report was called for from the
trial court as to the time required for disposing SC No.817 of 2023 and
also SC No.885 of 2023, which is pending against the petitioner,
before the very same court. Learned Trial Judge, as per letter dated
12.02.2024, informed this court that since the victim is undergoing
treatment, as soon as he is fit to give testimony, the trial can be
expedited and he sought four months time to dispose the cases.
Considering the nature of allegations made against the petitioner and
also considering the fact that the victim boy suffered mental issues and
behavioral disorders due to the sexual as well as drug abuse from the
part of the petitioner and also considering the fact that the petitioner is
involved in another crime of similar nature (Crime No.536 of 2023),
this Court is not inclined to release him on bail, and he has to face the
trial as an under-trial prisoner.
5. Learned Trial Judge has to get report from the Medical
Officer, under whom the victim boy is undergoing treatment, and as
soon as he is fit to give testimony before court, learned Judge has to
proceed with the trial in SC No.817 of 2023 and dispose it of at the
earliest, at any rate, within a period of five months from the date of
receipt of a copy of this order. 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. 715/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE ORDER DATED 12-09-
2023 PASSED BY THE FAST TRACK SPECIAL
JUDGE, KOZHIKODE IN CRL.MP NO. 340/2023
Annexure A2 THE TRUE COPY OF THE ORDER DATED 05-10-
2023 PASSED BY THE FAST TRACK SPECIAL
JUDGE, KOZHIKODE IN CRL.MP NO. 388/2023
