Regular bail application by the first accused, a madrassa teacher charged with sexually assaulting an 11-year-old boy under POCSO and IPC provisions. Bail was refused given the gravity of offences and four similar crimes; FSL directed to expedite its report within one month and trial to be completed within four months thereafter.
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
ST
WEDNESDAY, THE 21 DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945
BAIL APPL. NO. 345 OF 2024
CRIME NO.2429/2023 OF Nedumangad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMP 3377/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN
& CHILDREN),THIRUVANANTHAPURAM
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
1 STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312 STATION HOUSE OFFICER, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM, PIN-695541., PIN - 695541 BY SRI.PRASANTH M.P. - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.345 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.2429 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 11 years, and committed penetrative sexual assault on him several occasions.
B.A.NO.345 OF 2024
3
application, stating that he had sexually assaulted several students who were attending his madrassa.
B.A.NO.345 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.136 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.345 OF 2024
5
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER IN C.M.P NO. 3377/2023 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.
1 issue framed by the court
Whether a madrassa teacher accused of penetrative sexual assault on a minor boy should be released on regular bail under Section 439 CrPC.
7 provisions across 4 enactments
Sidique
State of Kerala, represented by the Public Prosecutor
Station House Officer, Nedumangad Police Station
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court