Unknown vs By Adv.Sri.K.Jayaraj on 22 June, 2018

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Kerala High Court

Unknown vs By Adv.Sri.K.Jayaraj on 22 June, 2018

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

              FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940

                                Bail Appl..No. 3754 of 2018


              CRIME NO. 481/2018 OF KURATHIKADU POLICE STATION , ALAPPUZHA



PETITIONER(S)/ACCUSED


     SASIDHARAN,
     AGED 60 YEARS S/O. PADMANABHAN, ANIL BHAVANAM, VETTIYAR
     MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA
     DISTRICT.


         BY ADV.SRI.K.JAYARAJ


RESPONDENT(S)/COMPLAINANT:

     STATE OF KERALA,
     REPRESENTED BY THE INSPECTOR OF POLICE, MAVELIKARA,
     THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
     ERNAKULAM - 682 031.


        R BY PUBLIC PROSECUTOR SRI.ANAS K.A


    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-06-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:




AD

                RAJA VIJAYARAGHAVAN V, J
          --------------------------------------------
                    B.A No.3754 of 2018
          ---------------------------------------------
           Dated this the 22nd day of June, 2018

                            ORDER

1.This application is filed under Section 439 of the Code of Criminal Procedure.

2.The applicant herein is the accused in Crime No.481 of 2018 of the Kurathikadu Police Station, registered under Sections 452, 354 of the IPC and under Secs.7, 8, 9(1), 9(m), 11 (1), 12 of Protection of Children from Sexual Offences Act, 2012.

3.The applicant is a person aged 60 years. It is alleged that on 11.4.2018, at about 11 A.M., he trespassed into the neighbouring house and sexually assaulted two minor children, who are aged 11 and 7 years respectively. It is alleged that he touched their intimate body parts with sexual intent and caressed their breasts. It is also alleged that a week prior to the incident, while one of the children was walking thorugh the public road, the applicant herein kissed her with sexual intent.

4.The learned counsel appearing for the applicant submitted that the applicant is innocent. According to the learned B.A No.3754 of 2018 2 counsel, the applicant herein is psychotic and is suffering from Bipolar Affective Disorder with Manic Depression. The learned counsel refers to Annexure-A1 transfer note and Annexure-A2 discharge summary.

5.The learned Public Prosecutor has opposed the prayer. It is submitted that the applicant is an alcohol addict and the symptoms exhibited by him are due to withdrawal delirium.

6.I have gone through Anenxure-A1 and A2. I have also gone through the nature of allegations levelled against the applicant. It appears that the applicant herein was undergoing treatment for Bipolar Affective Disorder and he was found to be manic with psychotic features. He was referred to Mental Health Centre, Thiruvananthapuram for admission and further management. The applicant was undergoing treatment from 11.4.2018 to 17.4.2018 on which day he was arrested.

7.Having considered the mental condition of the applicant as is borne out from Annexure-A1 and A2, I am of the considered view that his further detention in custody is B.A No.3754 of 2018 3 uncalled for. He requires emergent treatment for Bipolar Disorder and manic depression as has been recommended by the Psychiatrist of the St.Gregorious Medical Mission, Hospital.

8.In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for three months or till final report is filed, whichever is earlier.

2). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

3). The applicant shall not commit any offence while he is on bail.

B.A No.3754 of 2018 4

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE //TRUE COPY// P.A TO JUDGE AD

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