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[Cites 3, Cited by 0]

Kerala High Court

Sainul Abid @ Shani Master vs State Of Kerala on 11 August, 2015

Author: K.Abraham Mathew

Bench: K.Abraham Mathew

       

  

   

 
 
                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                   PRESENT:

                  THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

            TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937

                                        Bail Appl..No. 4516 of 2015
                                       ----------------------------------------

  CRIME NO.775/2015 OF GURUVAYOORPOLICE STATION , THRISSUR DISTRICT
                                                 ------------------

PETITIONER(S)/1ST ACCUSED :
------------------------------------------------

           SAINUL ABID @ SHANI MASTER, AGED 27 YEARS,
           S/O.HANEEFA, PUTHIYAKATH HOUSE, KADAPPURAM VILLAGE,
           DESOM.

           BY ADV. SRI.RAJIT

RESPONDENT(S) :
----------------------------

           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA AT ERNAKULAM.

           BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH

           THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
           ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE
           FOLLOWING:




Msd.



                     K.ABRAHAM MATHEW, J.
              -------------------------------------------
                        B.A.No.4516 of 2015
              -------------------------------------------
              Dated this the 11th day of August, 2015

                               ORDER

Petition filed under Section 439 Cr.P.C.

2. Petitioner is the accused in Crime No.775 of 2015 of Guruvayoor Police Station, Thissur District. He is said to have committed the offences under Sections 376 and 109 read with Section 34 of the Indian Penal Code and Section 3 read with 4 of Protection of Children from Sexual Offences Act.

3. He is a dance master. Under his guidance the victim participated in a dance programme. It is stated that he had sexual intercourse with her by force. She was aged only 16 years.

4. Heard both sides.

5. The learned counsel submits that the petitioner has been in custody since 08.07.2015 and he may be granted bail. It is also stated that there was a delay of 4 months in informing the police. These are not proper grounds to grant bail to the petitioner. He married the third accused who also was his disciple. The incident allegedly happened before the marriage. This is relevant in this case. So I am not inclined to grant him bail.

B.A.No.4516 of 2015 2

In the result, this application is dismissed.

Sd/-

                                    K.ABRAHAM MATHEW,
                                             JUDGE



R.AV                 //True Copy//




                     PA to Judge