Regular bail application by the first accused in a POCSO case alleging sexual assault on a nine-year-old madrassa student. Investigation complete with final report filed. Bail denied; trial ordered within four months after expedited FSL report.
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 MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 21 ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945
BAIL APPL. NO. 343 OF 2024
CRIME NO.2398/2023 OF Nedumangad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMP 3380/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN
& CHILDREN),THIRUVANANTHAPURAM
PETITIONER/1ST ACCUSED (IN CUSTODY)(ARRESTED ON 16.11.2023):
SIDIQUE, AGED 24 YEARS S/O.LUKMANUL HAKKIM, RESIDING AT
BISMI BHAVAN, KANJIRATHUMMOODU, KADAKKAL.P.O., MANKODU
VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN -
691536
BY ADV M.ABDUL RASHEED
STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
SR.PP-SRI.RENJIT GEORGE, PP-SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.343 OF 2024
2
O R D E R
Dated this the 21st day of February, 2024
This is an application for regular bail under
Section 439 of Code of Criminal Procedure, 1973 filed by the 1st accused in Crime No.2398 of 2023 of Nedumangad Police
Station, Thiruvananthapuram, registered under Sections 323, 324, 377 and 34 of IPC, and Sections 4 r/w 3(a), 6 r/w 5(f) (l)(m)(n)(p), 8 r/w 7, 10 r/w 9(f)(n)(p) and Section 21 of Protection of Children from Sexual Offences Act , 2012 and
Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 .
minor boy aged 9 years, and committed penetrative sexual assault on him several occasions.
B.A.NO.343 OF 2024
3
application, stating that he had sexually assaulted several students who were attending his madrassa.
concerned to expedite the examination of the material
B.A.NO.343 OF 2024
4
objects, and to forward the report to the trial court within 1 month from the date of receipt of a copy of this order. Learned trial Judge shall dispose S.C.No.133 of 2024 within 4 months from the date of receipt of the FSL report.
With this direction, this bail application stands
disposed of.
Sd/SOPHY THOMAS JUDGE
SSK/21/02
B.A.NO.343 OF 2024
5
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER IN C.M.P NO. 3380/2023 DATED
06.01.2024 OF THE COURT OF THE ADDITIONAL SESIOONS
JUDGE FOR THE TRIAL OF CASES RELATING TO ATROCITIES
AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN,
THIRUVANANTHAPURAM.
1 issue framed by the court
Whether regular bail should be granted to the accused in a POCSO case involving penetrative sexual assault of a minor boy.
4 provisions across 4 enactments
Sidique
State of Kerala
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court