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Kerala High Court

Abdul Hakkim vs State Of Kerala on 2 June, 2015

Author: K. Abraham Mathew

Bench: K.Abraham Mathew

       

  

   

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                     THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

                  TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937

                                           Bail Appl..No. 2260 of 2015
                                           -------------------------------------

            CRIME NO. 327/2015 OF NILAMBUR POLICE STATION , MALAPPURAM
                                                      ---------------




/PETITIONER/ACCUSED:
----------------------------------

            ABDUL HAKKIM, AGED 46 YEARS
            S/O ABDU RAHIMAN, ERAMTHODIKA HOUSE, PADIKUNNU
            NILAMBUR, MALAPPURAM DISTRICT.

            BY ADV. SRI.BABU S. NAIR

RESPONDENTS/STATE AND COMPLAINANT:
--------------------------------------------------------------

        1. STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-682031.

        2. THE SUB INSPECTOR OF POLICE,
            NILAMBUR POLICE STATION, MALAPPURAM DISTRICT,
            PIN:679329.

           BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH


            THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015,
            THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


PJ



                     K. ABRAHAM MATHEW, J.
                  ====================
                       B.A.No. 2260 of 2015
                  ====================
                Dated this the 2nd day of June, 2015

                             O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is alleged to have committed the offences under sections 363 and 511 of 377 IPC and section 7, 8(a)(ii)

(iii) and 10 of the Protection of Children from Sexual Offences Act, 2012 and section 23 of the Juvenile Justice (Care and Protection of Children)Act, 2000. The prosecution case is that he attempted to have intercourse against the order of the nature with a boy aged 16 years.

3. Heard.

4. Learned counsel submits that as the petitioner strongly acted against the sand mafia in the locality, he had many enemies and this is a false case got registered due to that enmity. On the other hand, learned Public Prosecutor submits that the petitioner was in police service and he was suspended from service for the reason that he had nexus with sand mafia. The statement of the victim boy has been recorded. Prima facie, the petitioner has committed the B.A.No. 2260 of 2015 ::2::

offences alleged against him. This is not a fit case to grant anticipatory bail.
In the result, this application is dismissed.
Sd/-
K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge