Dismissed

Purushan v. State of Kerala

Kerala HC18 Jun 2018Bail Appl./2457/2018

Case brief

AI extract

What is this about?

The court rejected a bail application filed by Purushan, accused of cheating a 6-year-old minor under IPC 376 and POCSO. Finding the allegations extremely grave, the court denied bail with liberty to approach the trial court after victim evidence is recorded, allowing potential interim bail for daughter's marriage. Application dismissed.

What did the court decide?

Bail application dismissed. Liberty to move the trial court for bail after victim's evidence is recorded and for interim bail for daughter's marriage.

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

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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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MONDAY, THE 18TH DAY OF JUNE 2018 / 28TH JYAISHTA, 1940

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Bail Appl..No. 2457 of 2018

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CRIME NO. 1426/2017 OF POOCHAKKAL POLICE STATION , ALAPPUZHA

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PETITIONER(S)/ACCUSED

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PURUSHAN AGED 62 YEARS, S/O. KARUMPAN, KAIVARAMBUCHIRA VEEDU, THRICHATTUKULA P.O., AROOKUTTY VILLAGE, CHERTHALA TALUK, PIN - 688 526.

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BY ADV.SRI.K.JAISHANKAR

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RESPONDENT(S)/COMPLAINANT:

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

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2. INSPECTOR OF POLICE, CHERTHALA, ALAPPUZHA DISTRICT.

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BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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IAP

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RAJA VIJAYARAGHAVAN V, J.

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B.A. No.2457 of 2018

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Dated this the 18^th day of June, 2018

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ORDER

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1.This application is filed under Section 439 of the Code of Criminal Procedure.

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2.The applicant herein is the accused in Crime No.1426 of 2017 of the Poochakkal Police Station, registered under Section 376 of IPC and Section 3 r/w. Section 4 of the Protection of Children from Sexual Offences Act, 2012.

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3.The victim in the instant case is a girl aged 6 years. Allegation is that on 18.11.2017 at about 2 p.m., the applicant herein subjected the minor child of tender age to penetrative sexual intercourse.

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4.The learned counsel appearing for the applicant submitted that he is innocent of the allegations. According to the learned counsel, he was arrested on 12.12.2017 and has undergone prolonged incarceration. It is further submitted that the marriage of his daughter is scheduled to be held in the near future and it is prayed that he be released on bail.

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B.A.No.2457 of 2018 2

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5.I have heard the learned Public Prosecutor and have gone through the case diary which was made available.

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6.I have gone through the statement of the victim. It appears from the materials on record that the minor child was subjected to gross abuse by the applicant. The allegations are extremely grave and I find no reason to grant bail to the applicant. The Special Court shall take earnest efforts to dispose of the matter expeditiously. The applicant will be at liberty to move the trial court for bail after the evidence of the victim child has been recorded. If he is so advised, he may also move the court below for interim bail for attending his daughter's marriage. I am certain that the court below shall pass appropriate orders judiciously and on its merits.

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This application will stand dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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IAP //True Copy\

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P.A to Judge

Purushan v. State of Kerala

Case brief

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Purushan v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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