Dismissed

E.Mohiyudeen v. the State of Kerala

Kerala HC10 Jan 2018Bail Appl./8814/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by an accused in a POCSO case involving alleged sexual abuse of a 14-year-old boy. The court held it was not a fit case for pre-arrest bail due to the gravity of the allegations and the victim's age.

What did the court decide?

The petition for pre-arrest bail was dismissed as it was not deemed a fit case for such relief.

E.Mohiyudeen 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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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939

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Bail Appl..No. 8814 of 2017

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CRIME NO. 761/2017 OF PATTAMBI POLICE STATION , PALAKKAD DISTRICT

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PETITIONER/ACCUSED

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E.MOHIYUDEEN,

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S/O.ABOOBACKER, AGED 40 YEARS, KOORKKAN THADATHIL HOUSE, OLAKKARA P.O., MALAPPURAM DISTRICT.

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BY ADV.SRI.R.RANJITH (MANJERI)

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RESPONDENT/STATE & COMPLAINANT:

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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. THE SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION, PALAKKAD DISTRICT-679303.

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BY PUBLIC PROSECUTOR SRI. SAJJU.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sdr/-

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RAJA VIJAYARAGHAVAN V., J

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B.A. No.8814 of 2017

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Dated this the 10^th day of January, 2018

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ORDER

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1.This petition is filed under section 438 of the Code of Criminal Procedure.

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2.The petitioner herein is the accused in Crime No.761 of 2017 of Pattambi Police Station registered alleging offence punishable under sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

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3.The petitioner herein was working as an Usthad in the Vallapuzha Yatheem Khana. The victim in the instant case is a 14 year old boy and was a student of the petitioner at the Vallapuzha Yatheem Khana. It appears that for some reason, the victim secured a transfer from the Vallapuzha Yatheem Khana and joined the Yatheem Khana at Karuvalakund. While he was pursuing his studies at the Karuvalakund Yatheem Khana, he was allegedly abused by a person. This matter was reported to the police and Crime No.232 of 2017 of Karuvalakund Police Station was registered under the

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BA 8814/2017

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provisions of Act 32 of 2012. While the statement of the victim

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was recorded by the learned Magistrate, the victim is alleged to have stated that the petitioner herein had abused him sexually by touching his private parts on 20.3.2017 and 30.3.2017 and that was the reason why he had left the Vallapuzha Yatheem Khana.

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4.The learned counsel appearing for the petitioner submits that there are numerous Usthads at Vallapuzha Yatheem Khana and he was falsely implicated as the office bearers had an axe to grind against the petitioner.

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5.The learned Public Prosecutor based on the case diary submitted that the victim has specifically mentioned about the role of the petitioner herein in his statement recorded by the learned Magistrate.

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6.I have considered the submissions and have gone through the case diary. I am not impressed with the vehement submission of the learned counsel that the petitioner has been falsely implicated. Prima facie, it appears that there are materials pointing to the complicity of the petitioner. A detailed probe

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BA 8814/2017

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into the allegations are not warranted at this stage. The victim

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specifically speaks about the acts committed by the petitioner.

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7.Having regard to the nature and gravity of the allegations, the age of the victim child, the role attributed to the petitioner and other facts, it does not appear to me that this is a fit case for

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grant of pre-arrest bail.

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This petition is dismissed.

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Sd/RAJA VIJAYARAGHAVAN V.,

JUDGE

ps/10/1/18

//TRUE COPY//

P.A TO JUDGE

E.Mohiyudeen v. the State of Kerala

Case brief

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E.Mohiyudeen v. the State of Kerala

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