Kerala High Court
Ajayan M vs State Of Kerala on 11 November, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 11TH DAY OF NOVEMBER 2016/20TH KARTHIKA, 1938
Bail Appl.No. 7896 of 2016
----------------------------
CRIME NO. 410/2016 OF ATHOLY POLICE STATION, KOZHIKODE
....
PETITIONER(S)/ACCUSED 1 & 2:
---------------------------
1. AJAYAN M.,
AGED 47 YEARS, S/O. ONAKKAN, METHODI HOUSE,
IRRINGAL POST, KOYILANDY TALUK, KOZHIKODE DISTRICT.
2. RANEESH,
AGED 31 YEARS, S/O. NANU, PADINJARE KOLACHERI HOUSE,
PALAYADNADA PATHIYARAKKARA POST, VADAKARA TALUK,
KOZHIKODE DISTRICT.
BY ADVS.SRI.T.ASAFALI
SMT.P.A.ANEESHA
RESPONDENT(S):
--------------
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11-11-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
P.UBAID, J.
~~~~~~~~~~
B.A No.7896 of 2016
~~~~~~~~~~~
Dated this the 11th November, 2016
O R D E R
The petitioners herein are the accused Nos.1 and 2 in Crime No.410 of 2016 of the Atholi Police Station registered under Sections 448 and 294 (b) read with 34 of the Indian Penal Code and under Sections 7 and 8 of the Protection of Children from Sexual Offences Act. They seek pre-arrest bail under Section 438 Cr.P.C.
2. The victim of offence in this case is a girl aged 16 years. The prosecution case is that, these petitioners came at the house of complainant at about 6.30 p.m on 16.09.2016 to meet her father, who had borrowed some money from them, they abused her and her mother, when they could not see the father there, and when the complainant and her mother asked the accused to behave properly, they assaulted them, and even molested the girl.
2. In the nature of the allegations, I feel it appropriate to direct the petitioners to approach the trial court and make application for regular bail. The actual B.A No.7896 of 2016 2 dispute between the parties will have to be examined by the trial court. If it is found that judicial custody of the petitioners is absolutely necessary, and if such request is made by the Police, appropriate orders can be passed . If it is found otherwise that their interrogation as such is not required, or judicial custody is not necessary, decision on the request for bail can be taken appropriately by the trial court. Giving such liberty to the petitioners to approach the trial court for regular bail, this application is disposed of.
Sd/-
P.UBAID JUDGE ma /True copy/ P.S to Judge