Dismissed

Beaula John Sunder v. State of Kerala

Kerala HC6 Aug 2016Bail Appl./5413/2016

Case brief

AI extract

What is this about?

In a bail application regarding a human trafficking case involving the sale of an infant, the court declined pre-arrest bail due to the gravity of the offence. The petitioner was directed to surrender for interrogation to determine her complicity before any further bail decision.

What did the court decide?

Petitioner directed to surrender for interrogation; bail application disposed of.

Beaula John Sunder Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2016)

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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.UBAID

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SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

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Bail Appl..No. 5413 of 2016

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CRIME NO. 558/2016 OF VADAKKENCHERRY POLICE STATION, PALAKKAD

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APPLICANT/ ACCUSED:

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BEAULA JOHN SUNDER, AGED 39 YEARS, W/O JHON SUNDAR, 4/5, SAKTHI AVENUE EXTENSION, SUBRAMANYAMPALAYAM, COIMBATOR NORTH, TAMIL NADU.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT(S)/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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P.UBAID, J.

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============================ B.A.No.5413 of 2016

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============================ Dated this the 6^th day of August, 2016

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ORDER

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The petitioner herein is the 5^th accused in Crime No.558 of 2016 of the Vadakkencherry Police Station, registered under Sections 317 and 370 IPC, and also Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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Human trafficking is the subject matter of this crime. The victim is a small baby aged 1 ½ years. The allegation is that by transfer through different hands the said baby came in the hands of the 4^th accused, and in turn, he and his wife sold the said baby to one Balasubramanian for a consideration of Rs.1.5 lakhs. The petitioner herein is the wife of the 4^th accused who thus received the baby and sold the baby to Balasubramanian. In the nature of the allegations and also gravity of the offence alleged, I am not inclined to grant pre-arrest bail to the petitioner. However, she can surrender before the Investigating Officer. Her

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B.A.No.5413 of 2016

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interrogation for the collection of some materials concerning her role and complicity in the alleged transaction, is felt necessary. When application for bail comes, the learned Magistrate will have to examine the whole case records, and see whether this petitioner had any role in the alleged transaction, or whether she is being prosecuted only because she happened to be the wife of the accused who received the baby, and in turn sold to somebody else. Such aspects shall be matriculously gone into by the learned Magistrate, when taking decision on the request for bail.

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In the result, this application for bail is disposed of as follows:

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a) The petitioner will surrender before the investigating officer between 9 a.m. And 10 a.m. on any day within seven days from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction before 4 p.m. on the same day.

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B.A.No.5413 of 2016

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c) In case application for regular bail is

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filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on merits on the same day.

Sd/P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Beaula John Sunder v. State of Kerala

Case brief

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Beaula John Sunder v. State of Kerala

Case brief

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What did the court decide?

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