The High Court dismissed bail applications of an accused charged with sexual harassment and offences under POCSO. Based on victim statements and the nature of allegations, including CRT, the court found no prima facie ground to grant bail at this stage in both cases.
Both bail applications dismissed as petitioner is not to be granted bail at this stage.
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 MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 20TH DAY OF FEBRUARY 2014/1ST PHALGUNA, 1935
Bail Appl..No. 1087 of 2014 ()
------------------------------Bail Appl. 436/2014 of HIGH COURT OF KERALA CRMC 230/2014 of SESSIONS COURT, KOZHIKODE CRIME NO.713/2013 OF KASABA POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED :-
JOHNY.G.M. AGED 41 YEARS S/O.GEORGE, P & T QUARTERS, NALLALAM P.O., KOZHIKODE.
BY ADV. SRI.C.P.UDAYABHANU
RESPONDENT/COMPLAINANT :-
STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE KASABA POLICE STATION (CRIME NO.713/2013), KOZHIKODE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-02-2014 ALONG WITH BA. 1088/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
N.K.BALAKRISHNAN, J.
B.A. Nos.1087 & 1088 of 2014
Dated this the 20th day of February 2014
O R D E R
Petitioner is the accused in Crime Nos.713/2013 and 714/2013 of Kasaba Police Station, Kozhikode District. In both cases, the victim girls are different. The offences alleged against him in both cases are punishable under Secs.354 and 506(i) of IPC and Secs.10 and 12 of Protection of Children from Sexual Offences Act.
B.A. Nos.1087 & 1088 of 2014
a Physical Education teacher of that school, where the victim girls are studying. The contention that the case was foisted as there was dispute in the Parent Teacher Association and so, the petitioner has been victimised does not prima facie appear to be true.
Hence, both bail applications are dismissed.
Sd/N.K.BALAKRISHNAN,
JUDGE.
//True Copy//
P.A. To Judge
Jvt
2 issues framed by the court
Whether the petitioner is entitled to bail in two cases involving sexual harassment and offences under POCSO.
Whether prima facie allegations warrant denial of bail.
JOHNY.G.M.
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
