Dismissed

Suresh v. State of Kerala

Kerala HC8 Mar 2013Bail Appl./744/2013

Case brief

AI extract

What is this about?

In a pre-arrest bail application under Section 366 IPC and POSO Act, the High Court dismissed the plea. The court held that the seriousness of the offences and the initial stage of investigation precluded exercising extraordinary jurisdiction to grant bail, disregarding claims of voluntary elopement.

What did the court decide?

Bail application dismissed; petitioner granted leave to surrender before Investigating Officer within 15 days for production before the court.

Suresh Vs State of Kerala — Child Sexual Offences (POCSO) | 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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FRIDAY, THE 8TH DAY OF MARCH 2013/17TH PHALGUNA 1934

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Bail Appl..No. 744 of 2013 ()

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----------------------------CRIME NO. 1576/2012 OF ATTINGAL POLICE STATION , THIRUVANANTHAPURAM DISTRICT

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PETITIONER/ACCUSED:

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SURESH, AGED 30 YEARS, S/O.SOMAN, PACHAYIL VEEDU, VALAKKAD CHERY, CHEMBUR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.DINESH

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR SRI.ROY THOMAS

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P. BHAVADASAN, J.

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- - - - B.A. No. 744 of 2013

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- - - - Dated this the 8^th day of March, 2013.

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ORDER

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Petitioner is the accused in Crime No. 1576 of 2012 of Attingal Police Station, who is alleged to have committed offences punishable under Section 366 I.P.C. and Sections 3 and 7 of Protection of Children from Sexual Offences Act.

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The petitioner would claim that the victim was in love with him and the victim had on her own volition eloped with him and the father of the girl filed a complaint before the police complaining about the missing of his daughter. After the girl was produced before court and she was allowed to go with her parents, offence under Section 366 I.P.C. and Sections 3 and 7 of Protection of Children from Sexual Offences Act were incorporated.

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The petitioner would say that he is innocent

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and has been falsely implicated. At any rate, he says that

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B.A.744/2013.

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his custodial interrogation is unnecessary and he seeks pre-arrest bail.

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Learned Public Prosecutor opposed the petition by pointing out that the allegations are of serious nature and investigation has only commenced.

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After having heard learned counsel for the petitioner and the learned Public Prosecutor and after perusing the records, the claim of the petitioner cannot be accepted. Whether the victim had voluntarily gone along with petitioner etc. are not matters for consideration at this stage. A deeper probe into the veracity of the allegations is not warranted at this point of time. Suffice to say, the seriousness of the offence and also the fact that the investigation is at an initial stage precludes this court from exercising the extraordinary jurisdiction in favour of the petitioner.

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This application is accordingly dismissed.

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B.A.744/2013.

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However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 15.3.2013, who, after interrogation, shall produce him before the court concerned, which court, on an application for bail being moved by the petitioner, may dispose of the same in accordance with law.

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P. BHAVADASAN, JUDGE

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sb.

Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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