Dismissed

Hamsa Musaliyar v. State of Kerala

Kerala HC10 Mar 2014Bail Appl./1200/2014

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an anticipatory bail application under Bail Appeal No. 1200 of 2014. The petitioner, a teacher, was accused of outraging the modesty of a 9-year-old girl by allegedly kissing, pressing her body, and beating her. The Court rejected the bail plea and the defence of factional dispute, noting the gravity of the allegations, including potential POCSO offences.

What the court decided

AI extract

Hamsa Musaliyar Vs State of Kerala — Anticipatory Bail | Kerala HC (2014)

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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 N.K.BALAKRISHNAN

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MONDAY, THE 10TH DAY OF MARCH 2014/19TH PHALGUNA, 1935

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Bail Appl..No. 1200 of 2014 ()

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CRIME NO. 151/2014 OF POOCHACKAL POLICE STATION , ALAPPUZHA

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ACCUSED(S)/PETITIONER/ACCUSED:

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HAMSA MUSALIYAR, AGED 54 YEARS S/O.ALI, PUNNAKKAT KUZHI, CHERAKKAPARAMBU P.O. ANGADIPPURAM, MALAPPURAM DISTRICT.

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BY ADV. SRI.ABDUL JALEEL.A

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COMPLAINANT(S)/RESPONDENT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE,

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POOCHACKAL POLICE STATION, ALAPPUZHA DISTRICT.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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JJJ

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N.K. BALAKRISHNAN, J.

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B.A. No. 1200 of 2014 (D)

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Dated this the 10^th day of March, 2014

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O R D E R

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The petitioner is the accused in Crime No.151/2014 of Poochackal Police Station, Alappuzha District. Offences alleged are under sections 324 and 354 of IPC and Section 23 of Juvenile Justice Act. Apprehending arrest, this petition is filed for anticipatory bail.

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The allegation is that the petitioner herein who is a teacher of the Madrasa has outraged the modesty of the complainant girl who is aged 9 years. It is stated that the teacher used to kiss her and press several parts of her body without her consent. It is further stated that the petitioner wanted the girl to sit beside him and if she refused the petitioner used to beat her indiscriminately. It is stated that the petitioner used to do such acts upon two or three other girls also.

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B.A. No. 1200/2014

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-2-

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The learned Public Prosecutor has stated that

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there are other crimes also registered against the petitioner where also the allegations are the same. The allegations made in the complaint would attract the offence under the POCSO Act also. The contention that there was dispute between two factions and at the instance of one of the factions this complaint has been filed, does not appear to be true. It was not a case where the teacher happened to beat the girl for not studying the lessons, but the allegations made in the complaint are very serious. Hence, I am not inclined to grant anticipatory bail.

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This petition is hence dismissed.

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Sd/N.K. BALAKRISHNAN, JUDGE

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//True Copy//

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P.A. to Judge

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jjj

Hamsa Musaliyar v. State of Kerala

Case brief

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Hamsa Musaliyar v. State of Kerala

Case brief

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