Disposed

Sidique, v. State of Kerala

Kerala HC21 Feb 2024Bail Appl./344/2024

Case brief

AI extract

What is this about?

The High Court disposed of a bail application by an accused facing charges under IPC and POCSO Act, finding that the gravity of the alleged sexual assault on a minor and the existence of similar complaints warranted refusing bail. The court directed the FSL to expedite its report and the trial court to dispose of the case within four months of receiving it.

What the court decided

AI extract

Sidique, Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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 WEDNESDAY, THE 21 ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945

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BAIL APPL. NO. 344 OF 2024
CRIME NO.2459/2023 OF Nedumangad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMP 3378/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN
& CHILDREN),THIRUVANANTHAPURAM
PETITIONER/1ST ACCUSED (IN CUSTODY)(ARRESTED ON 23.11.2023):

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SIDIQUE, AGED 24 YEARS S/O.LUKMANUL HAKKIM, RESIDING AT
BISMI BHAVAN, KANJIRATHUMMOODU, KADAKKAL.P.O., MANKODU
VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN -
691536

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BY ADV M.ABDUL RASHEED

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

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 2 STATION HOUSE OFFICER, NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM, PIN-695541., PIN - 695541

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 BY SRI.PRASANTH M.P. - PP

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 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2024,
 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 B.A.NO.344 OF 2024

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O R D E R

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Dated this the 21^st day of February, 2024

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This is an application for regular bail under

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Section 439 of Code of Criminal Procedure, 1973 filed by the

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1st accused in Crime No.2459 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 .

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The prosecution allegation is that the petitioner, who is a madrassa teacher, sexually assaulted the victim, a minor boy aged 10 years, and committed penetrative sexual assault on him several occasions.

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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Learned Public Prosecutor opposed the bail

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 B.A.NO.344 OF 2024

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application, stating that he had sexually assaulted several students who were attending his madrassa.

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True that the petitioner was arrested on 23.11.2023, and since then he is in judicial custody. Investigation is over, and final report has been filed. A report was called for from the trial court as to the time required to dispose S.C.No.132 of 2024. Learned trial Judge reported that the FSL report is not yet received, and he seeks 4 months time to dispose the case, after receipt of the FSL report.

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Considering the gravity of the offence committed by the petitioner, and also considering the fact that 4 similar crimes are registered against him for sexually assaulting minor boys, who were studying in his madrassa, this Court is of the view that he has to face the trial as an under trial prisoner.

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In such circumstances, this Court directs the FSL concerned to expedite the examination of the material

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 B.A.NO.344 OF 2024

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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.132 of 2024 within 4 months from the date of receipt of the FSL report.

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Learned Public Prosecutor to serve a copy of this order to the Director of the FSL concerned forthwith.

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With this direction, this bail application stands

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disposed of.

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Sd/SOPHY THOMAS JUDGE

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SSK/21/02

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 B.A.NO.344 OF 2024

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 PETITIONER ANNEXURES

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 Annexure 1 TRUE COPY OF THE ORDER IN C.M.P NO. 3378/2023 DATED
06.01.2024 OF THE COURT OF THE ADDITIONAL SESSIONS
JUDGE FOR THE TRIAL OF CASES RELATING TO ATROCITIES
AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN,
THIRUVANANTHAPURAM.

Sidique, v. State of Kerala

Case brief

What is this about?

What the court decided

Sidique, v. State of Kerala

Case brief

What is this about?

What the court decided

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