The High Court of Kerala dismissed a bail application filed by the father of a minor victim accused of penetrative sexual assault under the POCSO Act and IPC, citing the gravity of allegations and risk of influencing the witness.
Rejected the pray er for bail; application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 19TH DAY OF JUNE 2018 / 29TH JYAISHTA, 1940
Bail Appl..No. 3033 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 453/2018 of SPECIAL COURT, THALASSERY UNDER POCSO ACT, KANNUR AGAINST THE ORDER/JUDGMENT IN Bail Appl. 1623/2018 of HIGH COURT OF KERALA
CRIME NO. 639/2017 OF ALAKODE POLICE STATION, KANNUR
PETITIONER(S)/ACCUSED
ABDUL KHADER, S/O MUSTHAFA,AGED 43 YEARS,VAZHA VALAPPIL HOUSE, NEDUVODE,KUTTAPARAMBA.P.O,ALAKODE AMSOM,TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,THROUGH S.H.O.ALAKODE POLICE STATION, KANNUR DT.
R BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AL/-
RAJA VIJAYARAGHAVAN V, J
B.A No.3033 of 2018
--------------------------------------------Dated this the 19th day of June, 2018
ORDER
B.A No.3033/2018
2
grandparents. There cannot be any apprehension that he would manage to influence the victim. It is prayed that he be released.
the minor child has revealed that she was subjected to penetrative sexual assault. The accused is none other than the father of the hapless child. The release of the applicant will sound the death-knell of the prosecution case as he would easily manage to influence the minor child is the submission.
to the nature and gravity of the allegations, the relationship between the applicant and the victim child and the reasonable possibility of the applicant managing to influence the prime witnesses, I find no reason to enlarge him on bail at this stage.
B.A No.3033/2018
3
victim child, the applicant will be at liberty to move an application for bail before the Special Court. If such an application is filed, the same shall be considered and appropriate orders shall be passed on its merits. This application will stand dismissed.
RAJA VIJAYARAGHAVAN V, JUDGE
al/- xx
1 issue framed by the court
Whether bail should be granted to the father of the victim in a POCSO case.
1 provisions across 1 enactments
ABDUL KHADER
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
