Kerala High Court
Abdu Razak vs The State Of Kerala on 2 June, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 2ND DAY OF JUNE 2017/12TH JYAISHTA, 1939
Bail Appl..No. 3005 of 2017 ()
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CRIME NO.112/2017 OF MEPPAYUR POLICE STATION, KOZHIKODE DISTRICT.
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PETITIONER/ACCUSED:
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ABDU RAZAK
S/O.MOIDEEN KUTTY,
AGED 55 YEARS, VALAPPIL HOUSE,
ELAMARAM, CHERUVAYUR AMSOM,
MAPRAM DESOM, MALAPPURAM DISTRICT.
BY ADV. SRI.R.RANJITH (MANJERI)
RESPONDENTS/STATE & COMPLAINANT:
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682031.
2. THE SUB INSPECTOR OF POLICE,
MEPPAYUR POLICE STATION,
KOZHIKODE DISTRICT - 673001.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 02-06-2017 ALONG WITH BA.3006/2017 & CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
SUNIL THOMAS, J.
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B.A. Nos. 3005, 3006, 3007, 3008, 3009, 3010,
3011 & 3012 of 2017
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Dated this the 2nd day of June, 2017
O R D E R
1.The same accused, who stands arrayed as the sole accused in Crime Nos.112/2017, 107/2017, 113/2017, 106/2017, 111/2017, 105/2017, 114/2017 & 108/2017 of Meppayur Police Station, Kozhikode, for offences punishable under various provisions of the Protection of Children from Sexual Offences Act, 2012, is the petitioner herein. Crux of the prosecution allegation is that the petitioner herein, who was a teacher of an LP School, had sexually abused the students of that school on several occasions. Almost identical allegations are raised by each of the victims in the above cases. The petitioner herein was arrested on 05.04.2017 on the basis of the complaint lodged.
2.The contention of the learned counsel for the petitioner is that the petitioner belongs to one faction of the community. Due to that enmity, the members of other B.A. No. 3005 of 2017 & con. cases ..2..
faction have instigated the parents of the children to lodge identical complaints. It was specifically contended by the learned counsel for the petitioner that the pattern of the complaint and the modulation and the manner of laying the complaint clearly indicate that each complaint is a verbatim copy of other complaint, drafted to trap him in criminal cases, for ever.
3.Opposing the application, the learned Public Prosecutor invited my attention to the records, which include Section 164 Cr.P.C. statement of each of the victim. Each victim has given the statement in accordance with the complaint. Having considered these facts and the psychological impact on each of the victims by the release of the petitioner herein, I feel that it will not be safe to grant bail to the petitioner herein at this stage.
4.The bail applications fail and are dismissed.
Sd/-
SUNIL THOMAS JUDGE bka/-