The High Court of Kerala dismissed a bail petition filed by the petitioner, a charity trustee, accused of sexual harassment against minors. Justice K.Hema held the case not fit for bail at the investigation stage due to the nature of the offence and risk of witness intimidation.
Petition for bail was dismissed; petitioner remained in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932
Bail Appl..No. 4161 of 2010() ----------------------------(CRIME NO.899/2010 OF KOCHI KASABA POLICE STATION, PALLURUTHY, ERNAKULAM)
PETITIONER
BR.ANTONY THAREPARAMBIL, MANAGING TRUSTEE KRIPALAYAM,ASSISI CHARITABLE TRUST, REG.NO.682/N/2003,KUMBALANGHI,POOPARAKUNNU, KOCHI.
BY ADV. SRI.S.SREEKUMAR
RESPONDENT(S):
STATE OF KERALA REPRESETNED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM
PUBLIC PROSECUTOR SRI.V.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J
B.A No.4161 OF 2010
Dated this the 26th day of July 2010
ORDER
This petition is for bail.
B.A No.3063 OF 2010
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petitioner to stop giving publication through internet since she was found collecting amounts in the name of petitioner's institution. That lady was misusing the name of the institution and collecting huge amount of money in its name. The said lady was introduced to petitioner by one Dr. Stella who is working in Lourdes Hospital.
B.A No.3063 OF 2010
3
case diary. Those boys were subjected to unnatural offences. One of the boys had even undergone psychiatric treatment at Lourdes Hospital because of the impact of the offence. Doctor's statements are also available in the case diary. The boy developed some problem because of the sexual assault made on him. It is also submitted that the mothers of the children have also given statements. The children were taken away from the institution because of the petitioner's activities.
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serious in nature. It is true that the alleged victims had not given any complaint to the police. But, those were revealed during investigation conducted on the basis of FIR lodged on a statement given by a person who is not related to the boy. It is also revealed from the case diary that one of the boys developed some psychological problems because of the sexual harassment inflicted on him by petitioner. Statement of the doctor is available in the case diary revealing that the said boy had to undergo psychological treatment.
Petition is dismissed.
K.HEMA JUDGE
vdv
2 issues framed by the court
Whether bail is maintainable or appropriate at the stage of investigation given the heinous nature of the offence involving minors.
Whether a likelihood of witness tampering or influencing survives given the petitioner's financial leverage over victim witnesses.
BR.ANTONY THAREPARAMBIL
STATE OF KERALA
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
