The Court dismissed a bail application filed by an accused charged with penetrative sexual assault under IPC 376(2)(f) and POCSO Act. The victim, the petitioner's step-daughter, alleged repeated assaults. The Court held that considering the nature of allegations and antecedents, it is not a fit case for bail.
The bail application is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
BAIL APPL. NO. 8449 OF 2023
CRIME NO.5/2023 OF MALAPPURAM VANITHA POLICE STATION
SC NO.231/2023 OF FAST TRACK SPECIAL COURT-I, MANJERI
Bail Appl. 4837/2023 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
V.KANNAN, AGED 47 YEARS
S/O VEERA AYYAN, THIRUVANNUR, THIRUTHURARIPOONDI,
THAMIL NADU,, PIN - 614713
BY ADV M.DEVESH
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI. SANAL P. RAJ -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.8449/2023
: 2 :
ORDER
The petitioner is the accused in crime No.5/2023 of Malappuram Vanitha Police Station, which is now pending as S.C. No.231/2023 on the files of the Fast Track Special Court-I, Manjeri. The offences alleged against the petitioner are punishable under Sections 376(2)(f), 354 of the Indian Penal Code and Section 5(n) read with Section 6(1), 9(n) read with Section 10, 16 read with Section 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and also under Sections 75 and 67 of the Juvenile Justice Care and Protection of Children Act.
B.A.No.8449/2023
: 3 :
Even though, the petitioner approached this Court on an earlier occasion, the same was dismissed by this Court as per Annexure-6 order. This application is submitted in such circumstances.
B.A.No.8449/2023
: 4 :
This Court has considered the above aspects, in the earlier bail application and dismissed the same by holding that it is not a fit case for granting bail. Even though, the learned counsel for the appellant attempted to highlight certain aspects which according to him are discrepancies in the prosecution, I am of the view that, considering the nature of allegations and the antecedents of the petitioner, the same cannot be considered at this stage. Those are matters examined, at the time of trial.
In such circumstances, I do not find any merit in this application and accordingly it is dismissed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
ncd
B.A.No.8449/2023
: 5 :
APPENDIX OF BAIL APPL. 8449/2023
PETITIONER ANNEXURES
Annexure 5TRUE COPY OF THE ORDER IN CRL.M.P.
161/2023 ON THE FILE OF THE SPECIAL
COURT FOR THE TRIAL OF OFFENCES UNDER
PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT
Annexure 6TRUE COPY OF THE ORDER DATED
26.06.2023 IN BA NO.4837
2 issues framed by the court
Whether bail should be granted to the accused in a case involving repeated penetrative sexual assault on a step-daughter.
Whether discrepancies alleged in the prosecution evidence constitute fit case for bail at this stage.
4 provisions across 3 enactments
V.KANNAN
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court