Kerala High Court
Manu vs The S.I. Of Police on 5 October, 2013
Author: P. Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
SATURDAY, THE 5TH DAY OF OCTOBER 2013/13TH ASWINA, 1935
Bail Appl..No. 6549 of 2013 ()
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CRIME NO. 587/2013 OF KARUNAAGAPALLY POLICE STATION,
KOLLAM DISTRICT
PETITIONER/2NS ACCUSED :
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MANU, AGED 22 YEARS
S/O.SUVARNASETHU, THAIKOOTTATHIL
KOTTACKUPUAM CLAPPANA VILLAGE, KOLLAM-690525.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
RESPONDENTS/COMPLAINANT AND STATE :
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1. THE S.I. OF POLICE
KARUNAGAPPALLY POLICE STATION, KOLLAM-690518.
2. THE STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682035.
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 05-10-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BP
P. BHAVADASAN, J.
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B.A. No. 6549 of 2013
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Dated this the 5th day of October, 2013
O R D E R
The petitioner stands accused of having committed offences punishable under Sections 341 and 354 of the Indian Penal Code and Section 8 of the Protection of the children from Sexual Offence Act.
2.The incident which gave rise to the crime is said to have occurred on 23.2.2013 at about 12 noon. The allegation against the petitioner is that while the victim was on her way back to home on her bicycle along with her friend, she was stopped by the petitioner and forcibly kissed her and pressed her breasts.
3.The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. According to him, the victim and he has been in love for a long time and it so happened that they were seen together on the date of the incident by the mother of the victim and in order to escape B.A. No. 6549 of 2013 2 from the consequences, a false complaint has been laid.
4.The learned Public Prosecutor very vehemently opposed the petition and pointed out that the petitioner is not as innocent as he pretends to be, the incident is spoken to, to the friend of the victim who had come along with the victim. It is also pointed out that the investigation is at an infant stage.
5.After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the CD, the claim of the petitioner that he is totally innocent cannot be accepted. There seems to be some force in the submission made by the learned Public Prosecutor especially the friend who was coming along with the victim also has spoken to about the incident. Under such circumstances, claim of the petitioner that he is falsely implicated and cannot be accepted.
6.Considering the nature of the allegation against the petitioner, the manner in which the offence was committed, and also the fact that the investigation is at an infant stage preclude this B.A. No. 6549 of 2013 3 Court from exercising its extraordinary jurisdiction in favour of the petitioner.
The petition is accordingly dismissed.
sd/-
(P. BHAVADASAN, JUDGE) AMV/ /TRUE COPY/ P.A.TO JUDGE