Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 29TH DAY OF JANUARY 2024 / 9TH MAGHA, BAIL APPL. NO. 271 OF 2024 CRIME NO.2635/2023 OF Nedumangad Police Station, Thiruvananthapuram PETITIONER: SALIM, AGED 57 YEARS, S/O.ABU BACKER KUNJU, IRAPPIL HOUSE, THOLICODE VILLAGE, VITHURA, THIRUVANANTHAPURAM, PIN - 695541. BY ADVS. ARUN CHAND BEENA N.KARTHA VINAYAK G MENON BHARAT VIJAY P. MAJID MUHAMMED K. NEETHU S. MINU VITTORRIA PAULSON RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX PUBLIC PROSECUTOR SMT.NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B A No.271 of 2024 2
ORDER
This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.2635 of 2023 of Nedumangad Police Station, Thiruvananthapuram District, registered under Section 377 of the Indian Penal Code and Sections 3(a), 4, 5, 5(h), 5(i), 5(l) and 6 of the Protection of Children from Sexual Offences Act.
2. The prosecution allegation is that on two occasions
in April, 2023, when the victim boy, aged 13 years, reached Sharaful Islam Madrasah at Puthanpalam, Nedumangad, for breaking the Ramadan fasting, inside the bathroom situated behind the Madrasah, and also in a bushy land nearby, the petitioner, after making him unconscious, committed unnatural sex with him.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application stating that investigation is in progress, and release of the petitioner on bail may affect the investigation B A No.271 of 2024 3 process, and there is every chance that the victim boy is influenced or intimidated.
5. Learned counsel for the petitioner would submit that
the alleged incident occurred in April, 2023. But the complaint was lodged only in December, 2023. Drawing attention to the 164 statement of the victim boy, learned counsel for the petitioner would submit that one Mr.Mohanan, who is a Barber, also sexually assaulted that victim, but no investigation has seen done with respect to that allegation. The petitioner is in judicial custody from 17.12.2023 onwards, and he is ready to abide by any conditions imposed by this Court.
6. The prosecution records would prima facie show that
a minor boy aged 13, when went to the bathroom of the Madrasah, the petitioner made him unconscious inside the bathroom and committed unnatural sex with him, and on the second occasion, after making him unconscious, inside the bathroom, he was dragged to a nearby bushy land and there also he committed unnatural sex with him. Considering the gravity of the offence alleged, the age of the victim boy, and
B A No.271 of 2024 4 the stage of the investigation, this Court is of the view that if the petitioner is released on bail at present, there is every chance for him to influence or intimidate the witnesses and even for repeating similar offences. So, at present, this Court is not inclined to allow this application. In the result, this bail application stands dismissed. Sd/- SOPHY THOMAS, JUDGE DSV/-