Single judge bail application under Section 438 Cr.P.C. dismissed because the offence against a 10-year-old minor was grave, impacting societal morale, and materials connected the petitioner to the crime.
Application for anticipatory bail dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938
Bail Appl..No. 6590 of 2016
CRIME NO. 1540/2016 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM
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PETITIONER(S)/SOLE ACCUSED :
VIJULAL,
AGED 28 YEARS, S/O. VIJAYAN, VIJULAL BHAVAN, NEAR KALLIYOOR PANCHAYATH OFFICE, NEMOM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SMT.MINI GANGADHARAN
RESPONDENT(S) :
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI. SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
B. SUDHEENDRA KUMAR, J.
ORDER
The petitioner is the accused in Crime No. 1540
of 2016 of Nemom Police Station, registered for the offences punishable under Section 354(A)(1) of I.P.C. and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.
stated as follows:
On 21.8.2016, at about 7.10 p.m., while the minor victim girl aged 10 years was proceeding to her house behind her aunt, the petitioner appeared suddenly and caught hold of her, embraced and kissed her leaning on the wall at a place near Kalliyoor Co-operative Bank. When the minor victim cried aloud, the petitioner ran away from the place.
B.A. No. 6590 of 2016
-2-
under Section 438 of Cr.P.C.
the application. It appears that there are materials to connect the petitioner with the commission of the offence. The petitioner committed the offence against the minor victim girl aged 10 years while she was passing through the public road along with her aunt. The offence alleged against the petitioner is very grave in nature, affecting the morale of the society. Considering the gravity of the offence alleged against the petitioner, I am not inclined to allow this application.
In the result, this application stands dismissed.
Sd/-
B. SUDHEENDRA KUMAR JUDGE
ds
//True copy//
P.A. to Judge
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 of Cr.P.C. where the petitioner is charged with grave offences against a minor alleging molestation.
3 provisions across 3 enactments
VIJULAL
THE STATE OF KERALA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
