B.A. No. 5955 of 2023 where petitioner filed anticipatory bail in POCSO and IPC case alleging sexual assault on a minor boy. Court found serious allegations supported by statements under Section 160 CrPC and counseling disclosures, dismissing application.
Application for anticipatory bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
BAIL APPL. NO. 5955 OF 2023 Crime No. 627/2023 of Mathilakam Police Station
PETITIONER/ACCUSED:
SHIYAS AGED 40 YEARS S/O.KHADER, AALIPPARAMBIL HOUSE ,THATTUNGAL DESOM , KOOLIMUTTAM VILLAGE ,KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680691 BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SRI.C.S.HRITHIK-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
B.A No. 5955 of 2023
O R D E R
This is an application filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail.
2 . The petitioner is the accused in Crime No. 627/2023 of Mathilakam Police Station. The offences alleged against the petitioner are punishable under Sections 342, 506(i) of the Indian Penal Code and also under Section 75 of the Juvenile Justice Act and Section 7 read with Sections 8,9(l)(n) read with Section 10, and 11(VI) read with Section 12 of POCSO Act.
3 . The prosecution case is that, on several days during the year 2021, the petitioner, who is the father of the victim, committed sexual assaults upon the victim, by touching on the penis of the victim and also making the child to catch the private parts of the petitioner. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted.
3
B.A No. 5955 of 2023
4 . Heard, Sri. Shaju Purushothaman M, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor, appearing for the State.
5 . The learned counsel for the petitioner submits that, the petitioner is innocent of all the allegations and a false complaint was submitted consequent to certain matrimonial disputes between the mother of the victim and the petitioner. The petitioner is ready and willing to cooperate with the investigation and shall abide by any conditions that may be imposed by this Court.
6 . On the other hand, the learned Public Prosecutor opposes the said application by pointing out that, there are specific allegations against the petitioner and the matter is under investigation.
7 . I have gone through the record. From the statements given by the victim before the Police and before the learned Magistrate under Section 164 of Cr.P.C, it can be seen that, specific allegations of sexual assaults are clearly described. The child is a boy, aged 15 years. Even though the learned counsel for the petitioner points out that, the false complaint was submitted
4
B.A No. 5955 of 2023
consequent to certain matrimonial disputes, it is discernible from the record that the matter was revealed by the victim, during counseling session in his school. The allegations raised against the petitioner are very serious in nature.
In such circumstances, I do not find any justification for granting anticipatory bail to the petitioner. Therefore, this application is dismissed.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
2 issues framed by the court
Whether anticipatory bail is maintainable when the petitioner apprehends arrest in a case alleging sexual assault on a 15-year-old boy?
Whether allegations of a false complaint consequent to matrimonial disputes justify reluctance to grant anticipatory bail?
5 provisions across 4 enactments
SHIYAS S/O.KHADER
STATE OF KERALA
ZIYAD RAHMAN A.A
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
