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, 1945 BAIL APPL. NO. 299 OF 2024 CRIME NO.836/2023 OF Cherpulassery Police Station, Palakkad PETITIONER/ACCUSED: AHAMMED KABEER, AGED 36 YEARS S/O.HAMZA, KALAKUNNATH (H), PANNIYAMKURUSSY, CHERUPULASSERY, OTTAPALLAM TALUK , MALAPPURAM DISTRICT, PIN - 679503 BY ADVS. BINDUMOL JOSEPH V.HARIKRISHNAN BEENA JOSEPH M.V.RAHUL RIYAS M.B. RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SR.PP-SRI.RENJIT GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 29th day of January, 2024 This is an application for regular bail under Section 439 of Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.836 of 2023 of Cherpulassery Police Station, Palakkad, registered under Sections 376, 376(2)(n) of IPC and Section 6 r/w Section 5(1) & (p) and Section 8 r/w Section 7 of POCSO Act.
2. Prosecution allegation is that during the period
24.08.2023 to 24.11.2023, the petitioner who is a married man, making false promise of marriage, sexually assaulted the victim girl aged 16 years, while they were on a package tour to Ajmeer, and even after coming back.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner would submit that
the petitioner is in judicial custody from 27.11.2023 onwards and investigation has substantially progressed, and so his continued detention is not necessary. Moreover, the petitioner is made an accused due to some financial dispute between the mother of the victim girl and the petitioner herein.
6. On going through the statement of the victim girl,
produced by learned Public Prosecutor, it could be seen that the petitioner is a distant relative of the victim girl and she was sent along with the petitioner for a package tour to Ajmeer by the mother of the victim, fully believing him. But he exploited the situation and sexually assaulted her. Subsequently after coming back from Ajmeer, on some other day, he took her in his car and sexually assaulted her. Considering the gravity of the offence and the factum of relationship between the petitioner and the victim girl, it could be seen that the petitioner, exploiting the innocence and hapless situation of the victim girl, sexually assaulted her, on various occasions. So this Court is not inclined to
release him on bail at present, as the investigation has not completed. If he is released on bail, there is every chance for influencing or intimidating the witnesses. In the result, this bail application stands dismissed. Sd/- SOPHY THOMAS JUDGE SSK/29/01 APPENDIX OF BAIL APPL. 299/2024 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE ORDER IN CRL.M.P 6159/2023 DATED 22.12.2023 BEFORE THE ADDITIONAL SESSIONS COURT-I , PALAKKAD