Kerala High Court
Vidhyadharan vs State Of Kerala on 19 September, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 1938
Bail Appl..No. 6581 of 2016
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CRIME NO. 726/2016 OF POZHIYOOR POLICE STATION,
THIRUVANANTHAPURAM
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PETITIONER(S)/1ST ACCUSED :
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VIDHYADHARAN,
AGED 39 YEARS, S/O. GIREESH BHAVAN,
MUDIPPURA NADA PACHALLOOR P.O.,
THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S)/STATE/DEFACTO COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
POZHIYOOR POLICE STATION,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19-09-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
P.UBAID, J.
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B.A No.6581 of 2016
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Dated this the 19th day of September, 2016
O R D E R
The petitioner herein is the first accused in Crime No.726/2016 of the Pozhiyoor Police Station, registered under Sections 376 and 506(A) of the Indian Penal Code and under Sections 3, 4 7, 8 and 19 r/w 21 of the POSCO Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Additional Session Judge, Thiruvananthapuram, on 22.8.2016. The petitioner has been in judicial custody since 28.7.2016.
2. The victim of offence in this case is a girl aged 16 years. The petitioner herein is her step-father. The prosecution case is that the victim had been subjected to sexual harassment and sexual abuse by the petitioner on many occasions and he started it from her days in the 5th standard.
3. On a perusal of the entire case diary including the statement given by the victim under Section 164 of the Code of Criminal Procedure I find that there are definite B.A No.6581 of 2016 2 materials for a prosecution against the petitioner under Section 376 IPC and under the provisions of the POSCO Act. I find the definite possibility of the petitioner influencing or threatening the victim and others, or trying to win over them, if he is released on bail. The victim's statement consistently shows that on many occasions from her days in the 5th standard she was subjected to sexual abuse by her step-father with the support of her mother. It doesn't matter whether the mother is on bail or not. In the interest of a fair investigation I find that continued detention of the petitioner is necessary. However, it is made clear that in case the police failed to file final report in time, the petitioner can approach the court below for statutory bail.
Thus, giving liberty to the petitioner to apply for statutory bail in case the police failed to submit final report in time, this application is disposed of.
Sd/-
P.UBAID
JUDGE
//True Copy//
ab P.A to Judge
B.A No.6581 of 2016 3