This judgment dismisses an application for anticipatory bail in a POCOSO case involving sexual assault on a minor by a police official. The court held that prima facie materials linked the applicant to the crime, justifying rejection of the plea.
The application for anticipatory bail was dismissed.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 21ST DAY OF MAY 2018 / 31ST VAISAKHA, 1940
Bail Appl..No. 3207 of 2018
(CRIME NO.1106/2018 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM)
PETITIONER/ACCUSED:
NASSAR V.H., S/O. HAMZA RAWTHER, AGED 47, RESIDING AT ALAPPURATH HOUSE, KARAYI, VAIKOM P.O.
BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.) SMT.DEEPTHI S.MENON
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
# ADDITONAL RESPONDENT IMPLEADED:-
2. ABDUL SALAM, AGED 50,
S/O. AMDUKKAI, KARUKAPILLY HOUSE, PANANGADU, KUMBALAM.
(ADDITIONAL 2ND RESPONDENT IS IMPEADED AS PER ORDER DATED 21.05.2018 IN CRL.M.A. NO.5201 OF 2018)
ADDL.R2 BY ADV. SRI.P.S.VINOD BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V., J
= = = = = = = = = = = = = = = = = = B.A. No. 3207 of 2018
= = = = = = = = = = = = = = = = = = Dated this the 21st day of May, 2018
ORDER
BA.3207/18
-:2:-
and the applicant pushed her against the wall of the lift to silence her. She was threatened that she would be done away with if she raised her voice. He again repeated the same acts. When the lift reached the 4th floor, the victim managed to get out of the lift. She disclosed the incident to her class mate. After she had seen the applicant leave the premises, she also left the institute. The victim disclosed the incident to her parents on the next day and later a complaint was lodged.
-:3:-
BA.3207/18
pointed out that though the incident had allegedly taken place on 28.4.2018, the law was set in motion only on 30.4.2018. The delay would clearly throw serious doubts on her credibility.
-:4:-
BA.3207/18
the version of the victim is false or frivolous or that the allegations have been made only with the object of injuring or humiliating the applicant by arresting him.
This application will stand dismissed.
Sd/Raja Vijayaraghavan V., Judge
krj.21/5
//true copy// P.A to Judge
3 issues framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted in a case involving serious sexual allegations against a police official.
Whether the prima facie materials linking the applicant to the crime warrant refusal of anticipatory bail.
Whether the nature and gravity of the allegations against a minor victim justify denying relief.
3 provisions across 3 enactments
Nassar V.H.
State of Kerala
Abdul Salam
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
