Dismissed

Reghunathan Nair v. Sub Inspector of Police

Kerala HC7 Mar 2013Bail Appl./1703/2013

Case brief

AI extract

What is this about?

Single judge of the High Court of Kerala disposed of a bail application filed by an accused charged with sexual assault under POCSO and IPC against an 8-year-old minor. The court dismissed the application, citing the nature of the offence, the victim's age, and apprehension of interference with investigation.

What did the court decide?

Bail application dismissed; accused remanded to custody.

Reghunathan Nair Vs Sub Inspector of Police — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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THURSDAY, THE 7TH DAY OF MARCH 2013/16TH PHALGUNA 1934

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Bail Appl..No. 1703 of 2013 ()

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-----------------------------AGAINST THE ORDER/JUDGMENT IN CMP.485/2013 of J.M.F.C.-II,NEDUMANGAD DATED 10-01-2013 CRIME NO. 25/2013 OF NEDUMANGAD POLICE STATION , THIRUVANANDAPURAM

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PETITIONER/ACCUSED(S):

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REGHUNATHAN NAIR AGED 60 YEARS S/O.VELAYUDHAN PILLAI, PADMAVILASAM VEEDU, CHERUVELI CHULLIMANOOR, ANADU, NEDUMANGAD.

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BY ADV. SRI.A.RAJASIMHAN

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RESPONDENT/INVESTIGATING OFFICER:

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SUB INSPECTOR OF POLICE NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031.

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BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P. BHAVADASAN, J.

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- - - - B.A. No. 1703 of 2013

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- - - - Dated this the 7^th day of March, 2013.

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ORDER

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The petitioner who is aged 60 years is the accused in Crime No.25 of 2013 of Nedumangad Police Station, who is alleged to have committed offences punishable under Sections 450 and 376 I.P.C. and Section 3 (a) and 4 of the Protection of Children from Sexual Offences Act, 2012.

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The allegation against the petitioner is that on 7.1.2013 at about 10 a.m. while the defacto complainant had gone out and while her mother was at home, the accused, who was doing electrical work in the house, sexually assaulted the minor daughter of the defacto complainant who was aged only 8 years at the relevant time.

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The petitioner would say that he is innocent

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and has been falsely implicated. According to him, he has not committed any act which would constitute an offence.

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B.A.1703/2013. 2

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At any rate, according to him, he has been in custody from 9.1.2013 onwards and his continued custody is unnecessary.

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Learned Public Prosecutor very vehemently opposed the petition. It was contended by her that considering the nature of the offence committed by the petitioner, the age of the victim, the manner in which the act has been committed, and since investigation is still going on, bail may not be granted to the petitioner.

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After having heard learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records, it is difficult to accept the claim of the petitioner that he is innocent. Prima facie the materials show that he is involved in the incident. The wound certificate also speaks volumes about the act alleged to have been committed by the petitioner. The victim was only 8 years of age. Considering the allegations against the petitioner, the manner in which the offence was committed, the age of the victim and the injuries suffered by the victim,

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B.A.1703/2013.

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the fact that investigation is only progressing and also the apprehension expressed by the learned Public Prosecutor that if the petitioner is now released on bail, he may interfere with the investigation and make the investigation difficult, it is felt that it will not proper to release the petitioner now on bail.

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This application is accordingly dismissed.

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P. BHAVADASAN, JUDGE

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sb.

Reghunathan Nair v. Sub Inspector of Police

Case brief

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Reghunathan Nair v. Sub Inspector of Police

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