Kerala High Court
Rasheed vs The State Of Kerala on 12 January, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY,THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
Bail Appl..No. 89 of 2016 ()
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CRIME NO. 1403/2015 OF MARADU POLICE STATION, ERNAKULAM DISTRICT
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PETITIONER/ACCUSED :
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RASHEED, S/O.PAREED,AGED 32 YEARS,
CHAKKALATHITTA, PANANGAD P.O.,
ERNAKULAM DISTRICT -682 506
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENT/STATE :
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THE STATE OF KERALA,
REP. BY THE SUB INSPECTOR OF POLICE,
MARADU POLICE STATION, ERNAKULAM DISTRICT,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12-01-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
SUNIL THOMAS, J
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B.A.NO.89 OF 2016
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Dated this the 12th day of January, 2016
O R D E R
The sole accused in Crime No.1403 of 2015 of Maradu Police Station for the offences punishable under Section 376 of Indian Penal Code, Section 3(a) of the POCSO Act, 2012 and Section 27 of the Juvenile Justice Act, is the petitioner herein.
2. The allegation of the prosecution is that, the accused acting as the school van driver had sexually abused the defacto complainant, a girl aged 4= years and another girl of the same age while they have been transported from their school back home. The girl has given in the complaint the detailed version of what has transpired was mentioned. On the basis of the crime registered, the accused was arrested on 8.12.2015. He is in custody. He seeks bail.
3. The learned counsel for the petitioner vehemently contended that the case as set up by the prosecution does not stand to reason and for reasons best B.A.NO.89 OF 2016 2 known to the defacto complainant, he has been falsely implicated to silence him. I am not inclined to go into the merits of this defence at this stage. The statement of the child recorded by the learned Magistrate shows that she has given the meticulous details of what transpired. The learned Public Prosecutor on instructions submitted that another victim is even now mentally and physically unable to give a statement to the police.
4. Having regard to the serious nature of allegation and the impact the granting of bail to the petitioner at this stage may have on the victim, I am not inclined to grant bail.
Considering these facts, this petition is dismissed.
sd/-
SUNIL THOMAS, JUDGE.
R.AV //True Copy// PA to Judge