High Court Kerala dismissed bail application (BA 7060/2023) of a mother accused of sexual offences against her minor step-daughter. Court held no entitlement to bail, citing heinous nature and real apprehension of victim influence.
Petitioner not entitled to bail; custody continued.
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 GOPINATH P.
FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945
BAIL APPL. NO. 7060 OF 2023
AGAINST THE ORDER/JUDGMENT CRMC 465/2023 OF FAST TRACK SPECIAL
COURT, PATTAMBI
PETITIONER/S:
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BY ADVS. T.K.SANDEEP VEENA HARIKUMAR SWETHA R.
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SRI. NOUSHAD K A (SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
The petitioner is the 2nd accused in Crime No.100/2023 of Koppam Police Station, Palakkad District which was been registered alleging commission of offences punishable under Sections 376 (2) (n), 376 (3) of the Indian Penal Code and Section 4 read with 3 (a), 6 read with 5 (l) (m) and (p), 11 (i) (ii) & (iv) read with 12 and 16 read with 17 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 of the Juvenile Justice Act.
B.A. No.7060/2023
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petitioner may be directed to be released on bail. It is submitted that since investigation has been completed and a final report has been filed, further detention of the petitioner is not necessary for the purpose of any investigation.
B.A. No.7060/2023
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presence of the petitioner / 2nd accused is another reason which compels me to hold that the petitioner is not entitled to bail. Considering the nature of the allegations, I am of the view that this is a fit case where custodial trial must be resorted to. Bail application is accordingly dismissed.
The registry shall communicate a copy of this order to the Fast Track Special Court, Pattambi where S.C. No.536/2023 is pending trial.
Sd/- GOPINATH P. JUDGE
AMG
B.A. No.7060/2023
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APPENDIX OF BAIL APPL. 7060/2023
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE ORDER IN CRL.M.C 465/2023 IN S.C 536/2023 FAST TRACK SPECIAL JUDGE PATTAMBI DATED 08.08.2023
Annexure II A TRUE COPY OF THE ORDER IN B.A 3904/2023 BEFORE HONBLE HIGH COURT OF KERALA DATED 26.05.2023
2 issues framed by the court
Whether the petitioner, accused of offences against minor, is entitled to bail given the nature of allegations and risk of influencing the victim.
Whether the apprehension of the victim being intimidated by the petitioner warrants denial of bail in heinous cases under POCSO.
2 provisions across 2 enactments
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STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
