Kerala High Court
Ibrahim vs State Of Kerala on 2 July, 2020
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
Bail Appl..No.3840 OF 2020
CRIME NO.45/2020 OF Tirur Police Station, Malappuram
PETITIONER:
IBRAHIM,
AGED 37 YEARS,
PUTHUKULANGARA VEED, MUTHUR TIRUR POST,
MALAPPURAM, MALAPPURAM PIN-676101
BY ADV. SRI.MUHAMMED YASIL
RESPONDENT:
STATE OF KERALA
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031
SRI T. R RENJITH PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.3840 OF 2020 2
ORDER
This application seeking pre-arrest bail is preferred by the petitioner, who is the sole accused in Crime No.45 of 2020 of the Tirur Police Station. In the aforesaid crime, he is accused of having committed offence punishable under Sections 363 and 377 of the Indian Penal Code and Sections 5(1), 6, 11(ii), 11(iv) and Section 12 of the Protection of Children from Sexual Offences Act, 2012.
2. This application is taken up and heard through Videoconferencing.
3. The victim in the instant crime is a minor boy aged 14 years. In his statement to the learned Magistrate, he states that on 08.01.2020 the petitioner induced him to go with him to his quarters at Eloor and after showing some explicit videos subjected him to unnatural sexual acts. He further states that the petitioner has on previous occasions committed perverse sexual acts on him.
4. Sri. Muhammed Yasil, the learned counsel for the petitioner submitted that the petitioner is a sick man suffering from a serious form of Bilateral Inguinal Hernia and he had undergone an operation on 27.2.2020. He Bail Appl..No.3840 OF 2020 3 could not have committed the offensive acts on 8.1.2020, submits the learned counsel, as he would have been suffering from pain and discomfort. He would further contend that the minor boy was persuaded by the relatives of his former wife to level untenable accusations.
5. The learned Public Prosecutor has opposed the prayer. He Made available the 164 statement of the minor child as well as his medical examination report and it was argued that the version of the child is clearly corroborated by the medical report. According to the learned public prosecutor, the surgery was conducted more than a month after the commission of the sexual abuse on the child.
6. I have gone through the materials which are made available by the learned Public Prosecutor.
7. The medical examination report of the child after being examined by the doctor immediately after the incident shows that he suffered injuries on his private parts. As rightly submitted by the public prosecutor, the medical records clearly corroborates the version of the child. At this stage, it is difficult to accept the version of the petitioner that he was incapacitated in the month of January. I am satisfied that this is not a fit case warranting invocation of the powers under Section 438 of the Cr.P.C.
8. At this stage, the learned counsel prayed that the petitioner is prepared to cooperate with the investigation and sought for issuance of Bail Appl..No.3840 OF 2020 4 appropriate directions. I direct the petitioner to surrender before the Investigating officer as expeditiously as possible. After interrogation his arrest shall be recorded and he shall be produced before the court having jurisdiction. If an application for bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS