Dismissed

Vishnu v. the State of Kerala

Kerala HC14 Jun 2018Bail Appl./2435/2018

Case brief

AI extract

What is this about?

The High Court of Kerala rejected an application for pre-arrest bail filed by a 21-year-old accused charged under IPC and POCSO with sexually assaulting a 17-year-old minor. The court noted corroborating medical evidence and refused bail, directing the applicant to surrender expeditiously.

What did the court decide?

Application for pre-arrest bail dismissed; Applicant directed to surrender expeditiously before the jurisdictional court.

Vishnu Vs the State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940

¶5

Bail Appl..No. 2435 of 2018

¶6

CRIME NO. 54/2018 OF RAJAKKAD POLICE STATION , IDUKKI

¶7

PETITIONER(S)/ACCUSED.

¶8

VISHNU AGED 21 YEARS, S/O SUBRAMANIAN, ETOOR COLONY, TEA COMPANY, BISNO VALLEY VILLAGE, IDUKKI, KERALA.

¶9

BY ADVS.SRI.S.RUSSEL SRI.V.R.ARUN SRI.P.ANTO THOMAS

¶10

RESPONDENT(S)/COMPLAINANT.:

¶11

1. THE STATE OF KERALA

¶12

REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

¶13

2. SUB INSPECTOR OF POLICE, RAJAKKAD P.S, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

¶14

3. CIRCLE INSPECTOR OF POLICE, ADIMALY P.S, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKULAM.

¶15

BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

IAP

¶18

RAJA VIJAYARAGHAVAN V, J.

¶19

B.A. No.2435 of 2018

¶20

Dated this the 14^th day of June, 2018

¶21

ORDER

¶22

1.This application is filed under Section 438 of the Code of Criminal Procedure.

¶23

2.The applicant herein is the accused in Crime No.54 of 2018 of the Rajakkad Police Station, registered under Section 450, 366, 376(2)(n) of IPC and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act.

¶24

3.The victim in the instant case is a girl aged 17 years. When she was found missing, a complaint was filed by her father based on which the aforesaid Crime was initially registered under Section 57 of the Kerala Police Act. Later, the girl was traced out. She gave Annexure-A2 statement before the police asserting that she was subjected to sexual intercourse on repeated occasions. The victim was medically examined and the medical report also corroborate her version.

¶25

4.The learned counsel appearing for the applicant submits that the applicant is just 21 years old and the parties were in love. The relationship is consensual is the submission.

¶26

5.The learned Public Prosecutor has opposed the prayer.

¶27

B.A.No.2435 of 2018 2

¶28

6.I have considered the submissions advanced.

¶29

7.The girl, who has been subjected to sexual abuse is a minor girl. The prosecution allegation is corroborated by the medical records. Having regard to the nature and gravity of the allegations, I am of the considered view that this Court will not be justified in granting an order of pre-arrest bail to the applicant herein. However, I direct the applicant to surrender before the jurisdictional court expeditiously. If an application for bail is preferred, the same shall be considered and orders shall be passed on its merits on the same day itself.

¶30

This application will stand dismissed.

¶31

Sd/-

¶32

RAJA VIJAYARAGHAVAN V., JUDGE

¶33

IAP //True Copy\

¶34

P.A to Judge

Vishnu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu v. the 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

K.P. Preejith Vs State of Kerala

Shajahan Vs State of Kerala

Vinil Kumar Vs State of Kerala

Shihab Vs State of Kerala

Anil Kumar. D Vs State of Kerala

Premkumar Vs the State of Kerala