Samson Vs. State of Kerala

Samson vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 22, 2014

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https://sooperkanoon.com/case/1119635

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Citation: sooperkanoon.com/1119635
Court: Kerala High Court
Judge: Honourable Mr.Justice P.Bhavadasan
Decided On: Jan 22, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Samson

Respondent

State of Kerala

Excerpt

.....he lifted his dhothi and showed his private parts to an young girl and thereby committed the offence.3. the petitioner would say that the allegations are totally false and are made with ulterior motive. he draws attention of the this court to the fact that there is a dispute pending between the parties with regard to a pathway and on an earlier occasion, the mother of the victim had filed a complaint based on which crime no. 2232 of 2013 was registered for the offences punishable under sections 294 (b), 354, 452, 427 and 327 read with section 34 of ipc. at b.a. no. 8702/2013 -2- that point of time, there was no grievance against the petitioner. subsequently, with ulterior motive, persuaded by the mother, the daughter had given a letter to the teacher of the school which was forwarded to the child welfare committee. the petitioner denies of having committed any act as alleged. he further points out that it is a ploy adopted by the complainant strengthen her earlier complaint and there is no basis for the allegations.4. the learned public prosecutor opposed the petition and pointed out that the offences are of serious nature and the investigation is at an infant stage.5. after having heard the learned counsel for the petitioner and the learned public prosecutor and having perused the records, there seems to be some force in the contentions raised by the learned counsel for the petitioner that the complaint is a false one. the allegation seems to be that the acts complained of having done on several occasions by the petitioner and the child conveyed that to b.a. no. 8702/2013 -3- her mother who advised the child to keep quiet fearing humiliation. the further allegation is that the child gave a letter to the school principal who forwarded the same to the child welfare committee. on the very face of it, the whole issue seems to be very suspicious and the claim of the petitioner that he has been falsely implicated due to a civil dispute pending between the parties.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE22D DAY OF JANUARY20142ND MAGHA, 1935 Bail Appl..No. 8702 of 2013 () ------------------------------- CRIME NO. 2324/2013 OF CHAVARA POLICE STATION , KOLLAM DISTRICT ----------------------------------------------- PETITIONER/ACCUSED: -------------------------------------- SAMSON, AGED50YEARS, S/O. SEPRIYAN, ERAVELIL, KARITHURA MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADVS.SRI.N.VIMALAN SRI.T.K.SASIKUMAR RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT. P.MAYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - B.A. No.8702 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2014 ORDER

The petitioner is the accused in Crime No. 2324 of 2013 of Chavara Police Station who is alleged to have committed the offences punishable under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012.

2. The allegation against the petitioner is that he lifted his dhothi and showed his private parts to an young girl and thereby committed the offence.

3. The petitioner would say that the allegations are totally false and are made with ulterior motive. He draws attention of the this Court to the fact that there is a dispute pending between the parties with regard to a pathway and on an earlier occasion, the mother of the victim had filed a complaint based on which Crime No. 2232 of 2013 was registered for the offences punishable under Sections 294 (b), 354, 452, 427 and 327 read with Section 34 of IPC. At B.A. No. 8702/2013 -2- that point of time, there was no grievance against the petitioner. Subsequently, with ulterior motive, persuaded by the mother, the daughter had given a letter to the teacher of the school which was forwarded to the Child Welfare Committee. The petitioner denies of having committed any act as alleged. He further points out that it is a ploy adopted by the complainant strengthen her earlier complaint and there is no basis for the allegations.

4. The learned Public Prosecutor opposed the petition and pointed out that the offences are of serious nature and the investigation is at an infant stage.

5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, there seems to be some force in the contentions raised by the learned counsel for the petitioner that the complaint is a false one. The allegation seems to be that the acts complained of having done on several occasions by the petitioner and the child conveyed that to B.A. No. 8702/2013 -3- her mother who advised the child to keep quiet fearing humiliation. The further allegation is that the child gave a letter to the school Principal who forwarded the same to the Child Welfare Committee. On the very face of it, the whole issue seems to be very suspicious and the claim of the petitioner that he has been falsely implicated due to a civil dispute pending between the parties cannot be easily overlooked. After having given anxious consideration to various aspects, it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioner. The petition is allowed as follows:

1. The petitioner shall surrender before the Investigating Officer on or before 29.01.2014, who, after interrogation, shall produce him before the JFCM court concerned, which court, on an application for bail being moved by the petitioner shall release him on bail on his executing a bond B.A. No. 8702/2013 -4- for a sum of `15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. 2) The court shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. 3) The petitioner shall appear before the Investigating Officer on every Wednesday between 9.00 am and 10.00 am until further orders. 4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. 5) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds

Same Court & Year Kerala · 2014 Same Parties Samson vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice P.Bhavadasan