Dismissed

Binu v. the State of Kerala

Kerala HC15 Oct 2018Bail Appl./5281/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a bail application filed under Section 438 Cr.P.C. The applicant, accused of sexually abusing a 15-year-old schoolgirl by showing porn videos and other acts under the POCSO Act, was denied pre-arrest bail. The judge found the prosecution case grim based on the child's statement and refused the prayer.

What did the court decide?

Pre-arrest bail to the applicant is denied and the bail application is dismissed.

Binu Vs the 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 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940

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Bail Appl..No. 5281 of 2018

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CRIME NO. 440/2018 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT

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PETITIONER/ACCUSED:

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BINU, AGED 32 YEARS, S/O.VIJAYAN, MANNOORKIZHAKKATHIL, PEROOR CHERRY, KOTTAMKARA VILLAGE, KOLLAM DISTRICT.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY SR. PUBLIC PROSECUTOR SRI.C N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA:5281/18

ORDER

This application is filed under Section 438 of the Cr.P.C.

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The applicant herein is the accused in Crime No.440 of 2018 registered at the Kilikolloor Police Station under Sections 7, 8, 11 (iii) and 12 of the Protection of Children from Sexual Offences Act, 2012.

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According to the prosecution, the applicant herein had married the mother of the victim girl after she had divorced her former husband. He has been residing with her for the past 8 years. The child, who was studying in the Meenakshipuram Arts and Science School at Perur and who is aged 15 years had disclosed to the Counsellor that the applicant used to sexually abuse her after showing porn videos on his mobile phone. It is also stated by the child that more than one occasions, the applicant herein had subjected her to sexual abuse when the mother was not at home. The Child Line Authorities were alerted, who, in turn, alerted the police leading to the registration of the crime.

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The learned counsel appearing for the applicant submitted that he is innocent of the allegations.

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BA:5281/18

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The learned Public Prosecutor has opposed the prayer. He

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has made available the case diary. The statement of the child

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reveals a very grim picture. The child states that on more than on occasions, the applicant herein had subjected her to sexual harassment and abuse. Having regard to the facts and circumstances, I am not persuaded to grant an order of pre-arrest bail to the applicant.

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This application is dismissed.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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krj

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//TRUE COPY/ P.A. TO JUDGE

Binu v. the State of Kerala

Case brief

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Binu v. the State of Kerala

Case brief

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