Dismissed

Radhadevi v. State of Kerala

Kerala HC10 Mar 2016Bail Appl./5831/2015

Case brief

AI extract

What is this about?

In a bail application under S.438 CrPC, the Kerala High Court considered allegations of sexual molestation of a minor child by her step-father with the petitioner's alleged concurrence. Finding the crime serious and noting the petitioner's knowledge of the abuse, the court dismissed the application for pre-arrest bail.

What did the court decide?

Application for pre-arrest bail under S.438 CrPC was dismissed.

Radhadevi 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 10TH DAY OF MARCH 2016/20TH PHALGUNA, 1937

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Bail Appl..No. 5831 of 2015

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CRIME NO. 462/2015 OF NOORANADU POLICE STATION , ALAPPUZHA DISTRICT

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PETITIONER(S)/2ND ACCUSED :

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RADHADEVI, AGED 40 YEARS,

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VALLARPALLI ELLAM, CHERUVALLYKARA CHERUVALLI VILLAGE, KANJIRAPALLI TALUK, KOTTAYAM DISTRICT.

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BY ADV. SRI.SYAM J SAM

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RESPONDENT(S)/COMPLAINANT :

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

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BY PUBLIC PROSECUTOR SRI.N.SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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RAJA VIJAYARAGHAVAN V, J.

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B.A.No.5831 of 2015

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Dated this the 10^th day of March, 2016

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O R D E R

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This petition is filed under S.438 of the Code of

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Criminal Procedure seeking pre-arrest bail.

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The petitioner herein is the 2^nd accused in Crime No.462/2015 of Nooranadu police station. The said crime has been registered for the offence punishable under S.376 (2)(f)(i)(n) of the IPC and S.5(n)(l) r/w S.6, 9(n)(l) r/w S.10, 16 r/w S.17 of the Protection of Children from Sexual Offences Act, 2012.

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The first accused in the aforesaid crime is the step

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father of the victim and he is also the present husband of the petitioner herein.The allegation is that, the first accused had sexually molested and abused the thirteen year old daughter of the second accused, who was residing with her

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B.A.No.5831 of 2015 : 2 :

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on various days in the year 2014. It is further alleged that this was done by the first accused with the concurrence and assent of the petitioner herein . Specific allegation is raised that the child had complained to the petitioner herein but all her complaints went unheeded.

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The case diary was handed over for perusal. I have gone through the materials and also the medical records which reveals that the minor child aged 13 years was sexually abused. It is also revealed that the petitioner had ignored the travails of her minor daughter and she was in the know of things.

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The learned counsel appearing for the petitioner would submit that she has absolutely nothing to do with the aforesaid crime. According to the learned counsel, the first accused had committed all these acts without her knowledge or concurrence and her name has been falsely included at the instance of the sister who is inimical towards

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B.A.No.5831 of 2015 : 3 :

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the petitioner herein.

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The learned Public Prosecutor has vehemently opposed the prayer and submitted that the case records would reveal the gruesome nature of the crime perpetrated by the petitioner and her husband. It is pointed out that the minor child was just 13 years old and it was due to persistent abuse by the first accused that 3 other children were shifted to an orphanage.

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After having considered the nature and gravity of

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the offence , the seriousness of the allegations , this court is of the view the the petitioner is not entitled to grant of relief of pre-arrest bail.

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In the result, the bail application is dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE.

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[True copy]

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P.A to Judge

Radhadevi v. State of Kerala

Case brief

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Radhadevi v. State of Kerala

Case brief

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