Dismissed

Nizarudhin Abdul Khader v. State of Kerala

Kerala HC25 Sept 2023Bail Appl./7415/2023

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala entertained the plea of Nizarudhin Abdul Khader for anticipatory bail. The court observed that the allegations involved serious sexual offences against his minor daughter and noted the victim's mother was admitted to a mental asylum. Consequently, the court declined to grant bail.

What did the court decide?

The bail application filed by the petitioner was dismissed, and anticipatory bail was denied.

Nizarudhin Abdul Khader Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 25^TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

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BAIL APPL. NO. 7415 OF 2023

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PETITIONER:

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NIZARUDHIN ABDUL KHADER AGED 52 YEARS,NIZARUDHIN ABDUL KHADER ,AGED 52 YEARS, S/O LATE ABDUL KHADER , CHARUVUKALAYIL HOUSE,KALLELI P.O,KALLELI DESOM,ARUVAPULAMVILLAGE ,KONNI TALUK,PATHANMTHITTA DISTRICT, PIN - 689691

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BY ADV VINEETH V.

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RESPONDENTS:

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1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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2 XXXXXXXXXXXXXXXXXXXX XXXXXXXXXX

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OTHER PRESENT:

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SRI. G SUDHEER (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.7415/2023

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O R D E R

The petitioner is the accused in Crime No.803/2023 of Konni Police Station Station, Pathanamthitta alleging commission of offences punishable under Sections 376 (2) (f), 376 (2) (n), 376 AB, 354 C of the Indian Penal Code, Section 6 read with 5 (l) (m) (n) of the Protection of Children from Sexual Offences Act (the POCSO Act) and Section 5 of the Juvanile Justice Act. The alleged victim is the none other than the minor daughter of the petitioner.

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The allegation against the petitioner is that the petitioner sexually assaulted the minor victim whose mother is undergoing psychiatric treatment and is now admitted to a mental asylum. It is alleged that the petitioner had on several occasions committed sexual assault on the minor victim who is none other than his daughter.

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The learned counsel appearing for the petitioner would submit that the petitioner is suffering from bipolar disorder. It is submitted that the allegations raised against the petitioner are false and those allegations are raised owing to the fact that the petitioner did not meet demands for money from his mother-in-law (grand mother of the victim). It is submitted that there are no allegations to attract the offence under Section 376 AB of the Indian Penal Code. It is submitted that going by the statement given by the victim, the petitioner had not committed any penetrative sexual assault and the only allegation raised is that the petitioner had touched private parts of the minor victim and that on several occasions the petitioner had attempted to watch the minor victim when she was bathing.

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The learned Public Prosecutor vehemently opposes the grant of bail. A copy of the statement recorded from the victim under Section 164 Cr.P.C is placed

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B.A. No.7415/2023

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before me to show that there are serious allegations against the petitioner. It is submitted that according to the minor victim, on several occasions, the petitioner had committed sexual assault on the minor victim as described in the statement given under Section 164 Cr. P.C. It is submitted that according to the minor victim the petitioner also attempted to watch her while she was bathing. It is submitted that in such circumstances it would not be appropriate for this court to grant anticipatory bail to the petitioner.

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Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am clearly of the view that the allegations are of such a nature that this court cannot grant anticipatory bail to the petitioner. A reading of the 164 statement of the minor victim suggests that there are clear allegations against the petitioner. That apart, the mother of the minor victim is admitted to a mental asylum. In such circumstances it would not be conducive to grant anticipatory bail to the petitioner. This bail application is dismissed.

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Sd/- GOPINATH P. JUDGE

AMG

B.A. No.7415/2023

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APPENDIX OF BAIL APPL. 7415/2023

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PETITIONER ANNEXURES

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Annexure 1 THE CERTIFIED COPY OF THE ORDER IN CRIMINAL M.P.NO.5990/2023 DATED 18/08/2023 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE -1

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Annexure 2 THE TRUE COPY OF THE TREATMENT RECORD OF THE PETITIONER DATED 04/08/2023 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-II

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Annexure 3 THE TRUE COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER DATED 17/12/2021 IS PRODUCED HEREWITH AND MARKED AS ANNXURE-III

Nizarudhin Abdul Khader v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nizarudhin Abdul Khader v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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