Bail application for pre-arrest relief filed under Section 438 Cr.P.C. in a POCSO case alleging repeated sexual abuse by a father. Court refused bail due to offence gravity and investigation needs.
Petition for bail dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 7TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944
BAIL APPL. NO. 1268 OF 2023
(Crime No.50/2023 of Fort Police Station, Thiruvananthapuram)
PETITIONER/ACCUSED:
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. MITHUN P. AFSAL KHAN H. KUMARADHAS J.P.
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 XXX IS IMPLEADED AS ADDL R2 AS PER ORDER DATED 27/02/2023 IN CRL MA 3/2023
BY ADVS. PUBLIC PROSECUTOR No Advocate SASTHAMANGALAM S. AJITHKUMAR
SRI HRITHWIK SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.
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to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.
The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the
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investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, it is not a fit case where extra ordinary jurisdiction vested with this Court u/s 438 of Cr.P.C. could be invoked. The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
rpk
2 issues framed by the court
Whether pre-arrest bail should be granted to a father accused of repeatedly sexually abusing his daughter.
Whether the delay of ten years in lodging the FIR excuses granting bail.
1 provisions across 1 enactments
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX
State of Kerala
Dr. Justice Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
