Kerala High Court
Assainar vs State Of Kerala on 20 February, 2017
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 20TH DAY OF FEBRUARY 2017/1ST PHALGUNA, 1938
Bail Appl..No. 1030 of 2017 ()
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CRIME NO. 74/2017 OF PAYYOLI POLICE STATION,
KOZHIKODE DISTRICT
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PETITIONER(S)/ACCUSED:
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ASSAINAR, AGED 67 YEARS, S/O. KUNHAMMAD,
THADIYAN PARAMBIL,PAYYOLI P.O,
KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
KOCHI - 682031.
BY PUBLIC PROSECUTOR SRI. K.A. ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 20-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
K.ABRAHAM MATHEW, J.
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B.A.No.1030 of 2017
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Dated this the 20th day of February, 2017
O R D E R
Petition filed under Section 439 Cr.P.C.
2. The petitioner is the accused in Crime No.74/2017 of Payyoli Police Station registered for the offences under Sections 55(i) and 58 read 376(2)(i) and 506(i) IPC and under Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act. The prosecution case is that he sexually abused a nine year old child on several occasions for a period of 1= years.
3. The learned counsel submits that he is a 67 year old man having various illness and he may be granted bail.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The victim girl, aged nine years, used to visit the house of the petitioner to play with his grandchildren. At the school the teacher noticed that the girl had bleeding, which B.A.No.1030 of 2017 2 prompted her to summon the victim's elder sister to the school, who took her to a doctor. The victim disclosed to the doctor that the petitioner used to sexually assault her for about 1= years. The medical report available in the case diary reveals that the allegations of sexual assault is true. There is a prima facie case against the petitioner.
6. The petitioner is 67 years old and the victim nine years old. The learned counsel submits that the petitioner has many diseases. Merely because he has some diseases, he cannot be granted bail. If he is granted bail there is every likelihood of his influencing the witnesses. He has been in custody since 26.01.2017. The sexual assault continued for over 1= years. The petitioner who has committed a heinous crime like the one in this case cannot expect a liberal approach from the court. I am not inclined to grant his prayer.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
sd
// True Copy // P.A. to Judge