Kerala High Court
Unknown vs By Advs on 29 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941
Bail Appl..No. 2233 of 2019
AGAINST THE ORDER IN CRMP 877/2019 OF IST ADDITIONAL SESSIONS
JUDGE, THRISSUR DATED 16-03-2019
CRIME NO. 1095/2018 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER
SUHAIL,
AGED 19 YEARS
S/O SAKKER, CHATHANKATTIL 1 HOUSE, VELUPADAM DESM,
VARANDARAPPILLY VILLAGE, THRISSUR DISTRICT.
BY ADVS.
SRI.N.K.UNNIKRISHNAN
SRI.N.U.HARIKRISHNA
RESPONDENTS/STATE
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
CRIME NO.1095/2018 OF THRISSUR TOWN EAST POLICE
STATION).
2. INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION,
(CRIME NO.1095/2018 OF THRISSUR EAST POLICE STATION).
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2233 of 2019
2
ALEXANDER THOMAS, J.
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B.A.No.2233 of 2019
===========================
Dated this the 29th day of March, 2019
ORDER
The petitioner is the accused in Crime No.1095/2018 of Thrissur East Police Station, for offences punishable under Secs.376(2)(n), 450 of IPC, Sec.3(a) r/w Sec.4 and 5(j)(ii) r/w Sec.6 of Protection of Children from Sexual Offences Act.
2. The brief of the prosecution case is that on 20.02.2018 and on a day in the month of May, 2018, the petitioner herein (accused), aged 19 years had repeated sexual intercourses with the minor victim girl aged 17 years with the full knowledge that she is a girl below the age of majority and later, the minor victim girl has become pregnant and had delivered a girl child on 29.12.2018.
3. The petitioner would urge that the allegations had been falsely foisted on him and that he has not committed any offence and that he is ready to comply with the conditions that may be imposed by this Court. The petitioner has been arrested on 24.01.2019. The learned Public Prosecutor has opposed the plea for grant of regular bail and has submitted B.A.No.2233 of 2019 3 that the investigation has not so far been completed and that the allegations are serious and grave and that this Court may not exercise discretion to grant bail at this stage of the case, as the petitioner is likely to influence the witnesses including the minor victim girl, etc. It is also pointed out that Sec.164 Cr.P.C statement of the minor victim girl has already been recorded, etc.
4. After having heard both sides, this Court is of the considered view that as the allegations disclosed against the petitioners are very grave and serious and as the investigation process has not so far been completed and as there is likelihood of the petitioner influencing witnesses, etc., this Court is not inclined to grant regular bail at this stage. Accordingly, it is ordered that the above Bail Application will stand dismissed.
Sd/-
ALEXANDER THOMAS JUDGE vgd