Mohammed a.U., vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Jan 30, 2024

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Citation: sooperkanoon.com/1284945
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Jan 30, 2024
Case Number: Bail Appl./184/2024
Subject: Right to Information

Case Summary

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

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Mohammed a.U.,

Respondent

State of Kerala,

Excerpt

.....on the victim boy aged 14 years, who is a mentally retarded child.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor vehemently opposed thebail application stating that, the statement given by the victim before police would show the sexual acts committed by the petitioner on several occasions, and considering the fact that the victim is a mentally retarded child, the petitioner is not entitled to be released on anticipatory bail. ..3..5. learned counsel for the petitioner would submitthat, the petitioner is age old and sick, and now he is admitted at general hospital(beach), calicut, due to cerebral stroke. learned counsel produced op ticket issued from that hospital, which shows that he was brought to the hospital with a complaint of vomiting with history of fall. it will not show that he had suffered a cerebral stroke.6. the investigation is in progress and release of thepetitioner on anticipatory bail may adversely affect the progress of the investigation, and there is every chance that the victim boy and his family members may be influenced or intimidated. so this court is not inclined to release the petitioner on anticipatory bail. in the result, the bail application is dismissed. sd/- sophy thomas judge acr ..4.. appendix of bail appl. 184/2024 petitioner annexuresannexure 2 true copy of the discharge summaryfrom first neuro hospital, karnataka dated 2018annexure 3 true copy of the discharge summaryfrom e.k. nayanar memorial co- operative hospital, kasargode dated 24.08.2023 annexure 4 true copy of the medical prescription from pvs sunrise hospital, kozhikode dated 23.12.2023 annexure 5 true copy of the o.p ticket of the accused dated 20.01.24 , from the govt. general hospital (beach), calicut annexure 6 true copy of a photograph dated nil showing the condition of the accused

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 BAIL APPL. NO. 184 OF 2024 CRIME NO.716/2023 OF MELPARAMBA POLICE STATION, Kasargod PETITIONER/ACCUSED: MOHAMMED A.U., AGED 77 YEARS S/O.UMMER, AALICHERRY, NISHA MANZIL, CHAMMANAD P.O., KADAVATHU HOUSE, KASARGODE, PIN - 671317 BY ADVS. V.JOHN SEBASTIAN RALPH VISHNU CHANDRAN RALPH RETI JOHN APPU BABU GIRIDHAR KRISHNA KUMAR VISHNUMAYA M.B. GEETHU T.A. APOORVA RAMKUMAR RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SR.PP-SRI.VIPIN NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. SOPHY THOMAS, J ========================= Bail.Appl.No.184 of 2024 ========================== Dated this the 30th day of January, 2024

ORDER

This is an application for anticipatory bail under Section 438 of Cr PC filed by the sole accused in Crime No.716/2023 of Melparamba Police Station, Kasargode, registered under Section 377 of IPC and Sections 6(1), 5k, 5l, 12 and 11(vi) of POCSO Act.

2. The prosecution allegation is that the petitioner, who is a 77 year old man, committed unnatural sex on the victim boy aged 14 years, who is a mentally retarded child.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor vehemently opposed the

bail application stating that, the Statement given by the victim before Police would show the sexual acts committed by the petitioner on several occasions, and considering the fact that the victim is a mentally retarded child, the petitioner is not entitled to be released on anticipatory bail. ..3..

5. Learned counsel for the petitioner would submit

that, the petitioner is age old and sick, and now he is admitted at General Hospital(beach), Calicut, due to cerebral stroke. Learned counsel produced OP Ticket issued from that hospital, which shows that he was brought to the hospital with a complaint of vomiting with history of fall. It will not show that he had suffered a cerebral stroke.

6. The investigation is in progress and release of the

petitioner on anticipatory bail may adversely affect the progress of the investigation, and there is every chance that the victim boy and his family members may be influenced or intimidated. So this Court is not inclined to release the petitioner on anticipatory bail. In the result, the bail application is dismissed. Sd/- SOPHY THOMAS JUDGE ACR ..4.. APPENDIX OF BAIL APPL. 184/2024 PETITIONER ANNEXURES

Annexure 2 TRUE COPY OF THE DISCHARGE SUMMARY

FROM FIRST NEURO HOSPITAL, KARNATAKA DATED 2018

Annexure 3 TRUE COPY OF THE DISCHARGE SUMMARY

FROM E.K. NAYANAR MEMORIAL CO- OPERATIVE HOSPITAL, KASARGODE DATED 24.08.2023 Annexure 4 TRUE COPY OF THE MEDICAL PRESCRIPTION FROM PVS SUNRISE HOSPITAL, KOZHIKODE DATED 23.12.2023 Annexure 5 TRUE COPY OF THE O.P TICKET OF THE ACCUSED DATED 20.01.24 , FROM THE GOVT. GENERAL HOSPITAL (BEACH), CALICUT Annexure 6 TRUE COPY OF A PHOTOGRAPH DATED NIL SHOWING THE CONDITION OF THE ACCUSED

Same Court & Year Kerala Orders · 2024 Same Parties Mohammed a.U., vs State of Kerala, Same Subject Right to Information Same Judge Honourable Mrs. Justice Sophy Thomas