In this pre-arrest bail application, the court monitored allegations under the POCSO Act involving a father and his 13-year-old daughter. Finding the allegations serious and the relationship highly sensitive, the court held this was not a fit case for bail.
Pre-arrest bail to the petitioner is dismissed.
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 SUNIL THOMAS
MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 19372
Bail Appl..No. 542 of 2016
CRIME NO. 1606/2015 OF IRITTY POLICE STATION , KANNUR DISTRICT
PETITIONER(S)/ACCUSED :
ASHRAF, AGED 45 YEARS, S/O.ABDUL JALEEL, MADRASSA TEACHER, ARAFA MANZIL, UVVAPALLI, MUZHAKUNNU, KANNUR DISTRICT.
BY ADV. SRI.CIBI THOMAS
RESPONDENT(S)/COMPLAINANT/STATE :
1. THE SUB INSPECTOR OF POLICE, IRITTY POLICE STATION, KANNUR DISTRICT-670 121.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
BY SRI.K.I.ABDUL RASHEED, ADDITIONAL D.G.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
SUNIL THOMAS, J.
=================
B.A.No.542 of 2016
=================
Dated this the 29th day of February, 2016
ORDER
Petitioner herein is the sole accused in Crime No.1606 of 2015 of Iritty Police Station for offences punishable under Sections 7 r/w 8 and 9 r/w 10 of the Protection of Children from Sexual Offence Act.
B.A.542/16
2
given statement in accordance with the allegation. There are further indications that the de facto complainant had threatened to disclose it, whereupon the petitioner herein had responded violently to it. Having regard to the nature of the allegations and the relation between the parties, I feel that this is not a fit case for granting the benefit of pre-arrest bail.
The anticipatory bail application is hence dismissed.
Sd/- SUNIL THOMAS Judge
Sbna/29/2/16
True Copy
P A to Judge
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case alleging POCSO offences.
Whether the strained matrimonial relationship and alleged false complaint justify bail.
1 provisions across 1 enactments
Ashraf
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
