The High Court of Kerala dismissed a second anticipatory bail application filed by an accused of sexual assault under POCSO and IPC 376. The court held that no change in circumstances justified the application, overturning prior bail denial reasons regarding witness safety and child victim statements.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940
Bail Appl..No. 5447 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMP 494/2018 of SPECIAL COURT UNDER POCSO ACT, WAYANAD DATED 28-02-2018
CRIME NO. 85/2018 OF Kalpetta Police Station , Wayanad
PETITIONER/ACCUSED:
JAHAMGEER. M AGED 54 YEARS, S/O. BABU SAHIB,MALIAKKEL HOUSE, MUTTIL POST, VYTHIRI TALUK,WAYANAD DISTRICT.
BY ADV. SMT.CELINE JOSEPH
RESPONDENT/COMPLAINANT:
STATE OF KERALA STATION HOUSE OFFICE,KALPETTA POLICE STATION, WAYANAD,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
SMT.MAYA.M.N.-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 5447 of 2018
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O R D E R
Narayana Pisharadi, J
This is the second application for anticipatory bail filed by the petitioner under Section 438 of Cr.P.C.
was alone in her house, the petitioner went there and caught hold of her and took her to the bathroom behind his house and after locking the door of the bathroom he committed sexual assault on the girl. The victim girl was aged only 11 years at the time of the incident.
Bail Appl..No. 5447 of 2018
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Bail Appl..No. 5447 of 2018
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this Court to find that the petitioner is, at present, not in a position to move about.
has held that a second application for anticipatory bail is maintainable only when there is a change in the circumstances of the fact situation of the case. In the instant case, no change of circumstance is pleaded by the petitioner with regard to the facts of the case.
“The case against the petitioner is registered on the basis of the statement given to the police by the victim girl. Moreover, she has also given statement to the Magistrate concerned under Section 164 Cr.P.C in which she has narrated the act allegedly committed by the petitioner. Prima facie, the statements of the victim girl indicate the complicity of the petitioner in the crime. Then, the presumption under Section 29 of the Protection of Children from Sexual Offences Act comes into play. This is a matter to be taken into consideration by the court while dealing with the application for bail filed by a person accused of an offence under the Act (see State of Bihar v. Rajballav
Bail Appl..No. 5447 of 2018
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Prasad: AIR 2017 Sc 630). Considering the nature and the gravity of the offences allegedly committed by the petitioner, I am not inclined to grant him the benefit of pre-arrest bail. It is also to be noted that the petitioner is a neighbour of the house in which the victim girl is residing and if he is released on bail, there is every likelihood that the witnesses would be threatened and influenced by him.”
the notice of this Court any change of circumstances in the facts mentioned above in the earlier order passed by this
Court. The application is liable to be dismissed.
In the result, the application is dismissed.
Sd/-R. NARAYANA PISHARADI
JUDGE
lsn
2 issues framed by the court
Whether a second application for anticipatory bail is maintainable when no change in circumstances is pleaded.
Whether the earlier reasons for rejecting bail warrant rejection of a repeated application filed by the accused.
Colour shows how this judgement treated each authority
Pandi v. State of KeralaRelied on¶32
Pandi v. State of Kerala : 2018 (4) KLT 249
State of Bihar v. Rajballav PrasadRelied on¶35
State of Bihar v. Rajballav Prasad: AIR 2017 Sc 630 · Who else cites this
3 provisions across 3 enactments
Jahammeer. M
State of Kerala
R Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
