Dismissed

Mohammed Shereef A.P. @ Kuttappi v. State of Kerala

Kerala HC29 Jan 2018Bail Appl./13/2018

Case brief

AI extract

What is this about?

In bail application under Section 439 CrPC, the High Court of Kerala considered charges of repeated penetrative sexual assault on minors. Considering the gravity, victim age, and investigation stage, the court dismissed bail as it would adversely affect the inquiry.

What did the court decide?

Bail application dismissed; petitioner ordered to remain in custody as bail granted at this stage would adversely affect the investigation.

Mohammed Shereef A.P. @ Kuttappi Vs State of… — Child Sexual Offences (POCSO) | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 29TH DAY OF JANUARY 2018 / 9TH MAGHA, 1939

¶4

Bail Appl..No. 13 of 2018

¶5

CRIME NO.289/2017 OF KAMBALAKKAD POLICE STATION, WAYANAD DISTRICT

¶6

PETITIONER/ACCUSED:

¶7

MOHAMMED SHEREEF A.P. @ KUTTAPPI, S/O.MOHAMMEDKUTTY,AGED 18/17, AALAPPADIYAN HOUSE, CHITRAMOOLA KANIYANBETTA, WAYANAD DISTRICT.

¶8

BY ADV.SRI.M.C.JOHN

¶9

RESPONDENT/COMPLAINANT:

¶10

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 011 (REPRESENTING THE SUB INSPECTOR OF POLICE, KAMBALAKKAD POLICE STATION, KALPETTA, WAYANAD -673 121

¶11

BY PUBLIC PROSECUTOR SRI.AJITH MURALI

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶13

sts

¶14

RAJA VIJAYARAGHAVAN V., J

¶15

B.A. No. 13 of 2018

¶16

Dated this the 29^th day of January, 2018

¶17

ORDER

¶18

This petition is filed under section 439 of the Code of Criminal Procedure.

¶19

The petitioner herein is the sole accused in Crime No.289 of 2017 of the Kambalakkad Police Station registered alleging offences punishable under sections 450, 376(2)(f)(i)(n) of the IPC and under sections 3(a) and 5(l)(m)(n) read with section 6 of the Protection of children from Sexual Offences Act, 2012.

¶20

The victim in the instant case is a girl aged 9 years. The allegation is that the petitioner herein, who is a near relative of the victim, committed house trespass and committed penetrative sexual assault. This was repeated on numerous occasions thereafter as well. It is also alleged that on 24.11.2017, the petitioner committed sexual assault on the minor child while she was going to her neighbour's

BA 13/2018

house.

The learned counsel appearing for the petitioner submits that the petitioner was arrested in connection with the aforesaid crime on 9.12.2017. He is a plus two student and aged only 18 years. According to the learned counsel, there

¶25

are disputes between the family members and he has been falsely roped in.

¶26

The learned Public Prosecutor has opposed the prayer. It is submitted that the petitioner has, in addition to the victim in the instant case, sexually assaulted her sister as well, who is aged 10 years. The investigation is still in the early stages and having regard to the gravity of the allegations and the age of the victims, release of the petitioner at this stage will adversely affect the investigation is the submission.

¶27

I have considered the submissions advanced and have gone through the case diary. The 164 statement of the victim have been recorded. I have gone through the case diary in Crime No.290 of 2017 of the Kambalakkad Police Station as well which was registered on the basis of the statement of

¶28

BA 13/2018

¶29

¶30

the sister of the victim.

¶31

I find considerable merit in the submission of the learned public prosecutor. Having regard to the nature and gravity of the allegations levelled against the petitioner, the age of the victim, the stage of investigation and attendant facts, I find no justifiable reason to enlarge the petitioner on bail at this stage.

¶32

This petition will stand dismissed.

¶33

Sd/RAJA VIJAYARAGHAVAN V., JUDGE

¶34

vps 30/1xx /True Copy/ PS to Judge

Mohammed Shereef A.P. @ Kuttappi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Shereef A.P. @ Kuttappi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muhammed Shafi Vs State of Kerala

Saidalavi Vs State of Kerala

Ranjith Vs Sub Inspector of Police

Sugathan Vs State of Kerala

Kumar Raja Alias C H Raja Vs M/S.Paresh Agro Industries

Shafi K.B. Vs the State of Kerala