Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 Bail Appl..No. 84 of 2013 () ---------------------------- CRIME NO. 737/2012 OF MANJESWAR POLICE STATION , KASARAGOD. .................. PETITIONER/ACCUSED NO.1: ------------------------------------------- ABOOBACKAR, S/O.IBRAHIM HAJI, AGED 4 YEARS, MACHAMPADI, P.O. BADAJE, MANJESWAR, KASARAGOD DISTRICT. BY ADVS. SRI.I.V.PRAMOD, SRI.S.U.NAZAR. RESPONDENT/COMPLAINANT/STATE: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. BY PUBLIC PROSECUTOR MR.V.S. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J ----------------------------------------- B.A No.84 of 2013 --------------------------------------------------- Dated this the 30th day of January, 2013 ORDER
The petitioner is the 1st accused in Crime No.737/2012 of Manjeswar Police Station for having committed offence punishable under Sections 511 of 366-A of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.
2. The allegation against the petitioner is that in November 2012 he had taken a minor girl in a car and committed unnatural offences.
3. The petitioner would say that he is a merchant of dried fruits and he is having business establishments in several town of Karnataka and he has to travel to various places. The petitioner would say that the brother of the victim requested the petitioner to let them go along with him he did go but he had not committed any act which would constitute an offence.
4. The learned Public Prosecutor opposed the petition and pointed out that the claim of the petitioner is not correct and pre-arrest bail may not be granted. B.A No.84 of 2013 :
2. 5. After having heard the learned counsel for the petitioner, the learned Public Prosecutor and after having perused the records, the claim of the petitioner that he has been falsely implicated, cannot be accepted. The materials show his involvement. A deeper probe into the matter is unwarranted at this point of time.
6. Considering the nature of allegations against the petitioner, the manner in which the act committed, age of the victim and also the fact that investigation is at the initial stage preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner. The petition is dismissed. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 8.2.2013, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner moves an application for regular bail before the said court, the learned Magistrate shall consider and pass orders thereon in accordance with law, if possible on the same day itself. P.BHAVADASAN Judge ab