In this bail application, the petitioner accused of sexual assault and suicide of victims under POCSO and IPC sought bail. The court denied bail due to lack of change in circumstances, directing expedited disposal by the lower court.
Bail application dismissed; the lower court directed to dispose of the matter expeditiously by 31.12.2018.
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
THURSDAY, THE 12TH DAY OF APRIL 2018 / 22ND CHAITHRA, 1940
Bail Appl..No. 1177 of 2018
N SC NO.398/2017 of COURT OF 1ST ADDITIONAL SESSIONS JUDGE, PALAKKAD (SPECIAL JUDGE) CRIME NO. 43/2017 OF WALAYAR POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED NO.2
PRADEEPKUMAR AGED 31 YEARS, S/O. MURALEEDHARAN NAIR, KADAPPALLIL HOUSE, NAGAMKULANGARA, VAYALAR WEST VILLAGE, CHERTHALA
BY ADVS.SRI.MANSOOR.B.H. SMT.L.PREETHA.
RESPONDENT(S)/COMPLAINANT/STATE:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER, WALAYAR POLICE STATION, PALAKKAD DIST.
BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.AV
SUNIL THOMAS, J
B.A.Nos.1177 & 1210 of 2018
Dated this the 12th day of April, 2018
O R D E R
The petitioner herein stands arrayed as the accused in SC.No.398/2017 and SC.No.401/2017 on
the files of the First Additional Sessions Judge, Palakkad, arising from Crime Nos.43/2017 and 240/2017, both of Walayar Police Station, Palakkad District for offences punishable under sections 354,376 (2) (i) (n) and 305 of the Indian Penal Code and Section 5 (1) read with sections 6 and Section 7 read with section 8 of the POCSO Act and Section 3 (2) (v) and 3 (1) W (I) of SC & ST (Prevention of Atrocities) Act.
B.A.Nos.1177 & 1210 of 2018
2
inform the approximate time limit within which the matter can be taken up and disposed of considering the fact that the petitioner herein is in custody. The learned Additional District Judge-I, Palakkad, by communication dated 5.4.2018 had reported in detail the pendency of cases and the other cases which need immediate consideration due to various reasons. Accordingly, the learned Additional District Judge-I, Palakkad, has offered to dispose of both the matters on or before 31.12.2018.
B.A.Nos.1177 & 1210 of 2018
3
31.12.2018.
Bail applications are disposed of as above.
Sd/- SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether bail should be granted to the petitioner accused in offences involving sexual assault and suicide of victims before accomplices.
Whether the petitioner qualifies for interim bail before the matter is disposed of.
Pradeepkumar
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
