This court disposed of a bail application filed by an accused teacher under Section 438 CrPC for alleged sexual offenses under POCSO. The court held that along with the gravity of the allegations, anticipatory bail cannot be granted.
Anticipatory bail application dismissed; petitioner directed to surrender and seek regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 6TH DAY OF MAY 2016/16TH VAISAKHA, 1938
Bail Appl..No. 2518 of 2016 ()
CRIME NO.189/2016 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT
PETITIONER /ACCUSED:
SUDHEER.N.K, 42 YEARS, S/O. KELAPPAN NAIR, PORALIYIL, PARASSERY, KADALOOR P.O., KOYILANDY TALUK, KOZHIKODE.
BY ADV. SMT.K.DEEPA (PAYYANUR)
RESPONDENTS/COMPLAINANT :
R BY PUBLIC PROSECUTOR SRI.N.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AV
RAJA VIJAYARAGHAVAN V, J.
B.A.No.2518 of 2016
Dated this the 6th day of May, 2016
O R D E R
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure.
B.A.No.2518 of 2016
2
Hence, the bail application is dismissed. The learned counsel prays that direction be issued to enable the petitioner to surrender and seek regular bail. It is for the petitioner to surrender and seek regular bail and there is no reason to suspect that his application for bail will not be considered on its merits.
RAJA VIJAYARAGHAVAN V, JUDGE.
AV
//True Copy//
P.A.To Judge
2 issues framed by the court
Whether pre-arrest bail can be granted in a case involving grave sexual offenses under POCSO.
Whether allegations of mala fides by school management against the teacher justify anticipatory bail.
2 provisions across 2 enactments
Sudheer.N.K
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
