Regular bail application by the sole accused in a case of trespass and rape of a 15-year-old neighbour who became pregnant. Court declined bail citing gravity of offence and risk to trial, dismissed the petition and directed expedited trial within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945
BAIL APPL. NO. 458 OF 2024
CRIME NO.726/2023 OF Padinjarethara Police Station, Wayanad
PETITIONER:
SAINUDHEEN.V.V.,
AGED 58 YEARS
'VARAYANTE VALAPPIL VEEDU, PANTHIPPOYIL, P.O.PADINHARATHARA,
WAYANAD DISTRICT, PIN - 673575
BY ADV C.LEENA
RESPONDENTS:
1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN -
682031
2THE STATION HOUSE OFFICER,
PADINHARATHARA POLICE STATION, WAYANAD DISTRICT, PIN - 673575
OTHER PRESENT:
SR.PP-SRI.RENJIT GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 458 of 2024
..2..
SOPHY THOMAS, J.
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B.A. No. 458 of 2024
========================
O R D E R
Dated this the 05th day of February, 2024
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.726 of 2023 of Padinjarethara Police Station,
Wayanad, registered under Sections 449, 354A(l)(i) and 376(3) of IPC and Section 5(j)(ii) r/w 6 & 9 r/w 10 of Protection of Children from Sexual Offences Act.
B.A. No. 458 of 2024
..3..
committed sexual harassment against that girl.
Public Prosecutor.
B.A. No. 458 of 2024
..4..
pending before Additional District and Sessions Court (Adhoc-I), Wayanad as S.C. No. 9 of 2024.
alone in her house, the petitioner, who is a neighbour trespassed into her house and raped her, this Court is of the view that he has to face the trial as an under trial person. The Additional District and Sessions Court (Adhoc-I), Wayanad is directed to expedite
the trial and to dispose the case, within a period of six months from today.
With this direction, above petition is dismissed.
Sd/-
SOPHY THOMAS
JUDGE
RMV
1 issue framed by the court
Whether the accused in a POCSO/IPC rape case involving a 15-year-old victim should be granted regular bail given that detention is not needed after filing of the charge sheet.
5 provisions across 3 enactments
Sainudheen V.V.
State of Kerala
Station House Officer, Padinharethara Police Station
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court