Kerala High Court
Liakhathalikhan Haji @ Sadappaaged 69 ... vs State Of Kerala on 24 September, 2014
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY,THE 24TH DAY OF SEPTEMBER 2014/2ND ASWINA, 1936
Bail Appl..No. 6528 of 2014 ()
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CRIME NO. 493/2014 OF KALLEDIKODE POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED:
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LIAKHATHALIKHAN HAJI @ SADAPPAAGED 69 YEARS
S/O.MUHAMMED HAJI, 501, PALAKKAL HOUSE
KARIMBA GRAMA PANCHAYATH, KALLEDIKODE P.O.,PALAKKAD.
BY ADVS.SRI.P.VIJAYA BHANU (SENIOR ADVOCATE)
SRI.VIPIN NARAYAN
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SHRI C.RASHEED
THIS BAILAPPLICATION HAVING COME UP FOR ADMISSION ON 24-09-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.HARIPRASAD, J.
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B.A. No.6528 of 2014
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Dated this the 24th day of September, 2014.
ORDER
Application for bail under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.493 of 2014 of Kalledikode Police Station, Palakkad registered under Section 376 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012. Prosecution case, in short, is that petitioner, who was the President of Darul Amman Yatheenkhana, committed rape on a minor girl during 2012 and 2014 and thereby committed the aforesaid offences.
3. Heard the learned Senior Counsel for the petitioner and the learned Public Prosecutor.
4. Learned Senior Counsel for the petitioner submitted that the entire case is foisted on him due to group fight in the administration of the Yatheenkhana (orphanage). It is also submitted that certain Non Governmental Organizations were made a tool for oppressing the petitioner. Learned Senior Counsel submitted that date of birth of the victim/complainant was wrongly shown to mislead the court. Actually she BA No.6528/2014 2 was born on 01.04.1995. A copy of the birth certificate issued from Palakkad Municipality is produced for scrutiny. Allegation against the petitioner is that while the defacto complainant was staying as an inmate in the orphanage and was studying in 8th and 10th standards, she was raped by the petitioner. According to the learned Senior Counsel for the petitioner, this must have happened in 2008 and 2010 as per prosecution case. It is therefore submitted that the Protection of Children from Sexual Offences Act, 2012 was not in force on the alleged date of incident. It is also submitted that the entire prosecution case is highly improbable and unbelievable. Petitioner is a person aged 69 years. He is a heart patient. To buttress these contentions, a certificate issued by Dr.J.K.P. Medical Centre, 1/992, Krishna Colony, Trichy Road, Coimbatore dated 03.09.2014 is produced. The certificate reads as follows:
"This is to certify that Mr.P.Liyakathali Khan, Palakkal House, Kalladi Kode (po) Palakkad (DT)-
678 596, Kerala, is under my treatment for long standing Coronary artery disease, Sinus node dysfunction since 2004. He requires coronary angiogram to decide about further line of management. He is advised to avoid strenuous physical exercises, long travels and emotional conversations.
He requires periodic follow up and regular BA No.6528/2014 3 medications."
Learned Senior Counsel further submitted that petitioner is a member of the State Committee of the Orphanage Control Board, Kerala. He is also a member in the Orphanage Monitoring Committee, Palakkad District. Learned Senior Counsel submitted that certain Non Governmental Organizations are enmical towards the petitioner on account of the resistance offered by him over the alleged human traffic into State of Kerala. For these reasons, petitioner is falsely implicated in the case,contended the learned Senior Counsel. It is also submitted that to wreak vengeance he has been falsely implicated in a crime of this nature, to see that the reputation and goodwill of an old person is completely ruined.
5. Learned Public Prosecutor opposed the bail application.
6. I have carefully perused the case diary. Apart from the statement of the victim recorded on 20.08.2014, there is no statement of any other witness that the petitioner ever molested the victim. Learned Prosecutor submitted that all the material witnesses have been questioned and no witness has stated about the alleged incidents. However, the investigation has not been completed. Considering the entire facts and circumstances and the stage of investigation, I pass the following order:
i. Petitioner shall surrender before the Investigating Officer BA No.6528/2014 4 within five days and submit himself for interrogation. The Investigating Officer shall cause the conduct of all tests, including the potency test, and release the petitioner on bail in Crime No.493 of 2014 of Kalledikode Police Station, Palakkad on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum.
ii. Petitioner shall co-operate with the investigation and shall appear before the Investigating Officer as and when required for the purpose of interrogation.
iii. Petitioner shall not influence or intimidate witnesses. iv. He shall not meddle with the investigation in any manner.
A. HARIPRASAD, JUDGE.
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