Bail Application dismissed. The Court held that allegations against the accused were serious and grave, involving a minor victim. It was ruled that anticipatory bail is not warranted as the case does not admit of exercising extraordinary discretion.
The application for anticipatory bail is dismissed as it is not a fit case for extraordinary discretion.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
Bail Appl..No.1112 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 173/2019 DATED 02-02-2019 OF SPECIAL COURT UNDER POCSO ACT, KANNUR
CRIME NO.649/2018 OF CHAKKARAKKAD POLICE SATION , Kannur
PETITIONER/ACCUSED:
SANOJ S AGED 21 YEARS S/O. SUKUMARAN, VANNATHANKANDY HOUSE, POST MUZHAPPALA, KANNUR DISTRICT.
BY ADVS. SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK SHRI.SRIVIDYA K
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
BY ADVS. SRI.C.K.SURESH, PUBLIC PROSECUTOR R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 1112 of 2019
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ALEXANDER THOMAS, J.
B.A. No. 1112 of 2019
Dated this the 6th day of November, 2019
O R D E R
The petitioner herein has been arrayed as the sole accused in the instant Crime No.649 of 2018 of Chakkarakkal Police Station, which has been registered for offences punishable under Secs.3A, 4, 5l, 5p and 6 of the Protection of Children from Sexual Offence (POCSO) Act, 2012 and Secs.363, 376(2)(i), 376(2)(n) of IPC. The abovesaid crime has been registered on the basis of the F.I Statement given by the minor victim girl, aged 14 years on 09-11-2018 at about 6.00 p.m, in respect of alleged incident which had happened for the period from 01-04-2018 to 03-11-2018.
B.A. No. 1112 of 2019
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had forcible sexual intercourse with her and further that the incident of sexual intercourse was repeated by him on 25-08-2018 and 03-11-2018 at the places nearby to her residence. Further that later the petitioner has neglected and abandoned her and told that he is not interested to marry her and she has felt cheated and reported the matter to the Police etc,.
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view that the allegations in this case are serious and grave and this is not a fit case in the matter of exercising extra ordinary discretion in the matter of grant anticipatory bail.
The application fails and the same stands dismissed.
Sd/-
ALEXANDER THOMAS
JUDGE
KAS
2 issues framed by the court
Whether anticipatory bail should be granted to the accused charged with offences under POCSO Act, 2012 and IPC against a minor victim.
Whether the seriousness of the allegations involving a minor makes it a non-fit case for extraordinary discretion in granting bail.
2 provisions across 2 enactments
Sanoj S
State of Kerala
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
