Sajeev, vs State of Kerala,

Type Court Judgment Court Kerala Decided Feb 01, 2024

~3 min read

https://sooperkanoon.com/case/1287796

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1287796
Court: Kerala High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Feb 01, 2024
Case Number: Bail Appl./620/2024
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

Sajeev,

Respondent

State of Kerala,

Excerpt

.....children from sexual offences act, 2012 (pocso act).2. the prosecution allegation is that, on 19/8/2023 at 12noon and on various other dates, the petitioner kidnapped the minor boy, aged 11 years, who is deaf, from the lawful guardianship of the defacto complainant, and subjected him to penetrative sexual assault against the order of nature.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor vehemently opposed the bailapplication stating that, the victim boy was aged only 11 years, and he was deaf, and he was subjected to unnatural sex by the petitioner, who is a man aged 39.5. learned counsel for the petitioner would submit that, thepetitioner was arrested on 27/8/2023, and since then, he is in judicial custody. investigation is over, and final report has been filed before the fast track special court, pathanamthitta, and it bail appl. no.620 of 2024 3 is pending there as sc.no.812/2023. so, his continued detention is not necessary, and he is ready to abide by any conditions, as submitted by him.6. it is true that, the petitioner was arrested on 27/8/2023,and since then, he is in judicial custody. but, the available records prima facie suggest that, a deaf boy aged 11 was kidnapped by the petitioner, and he was subjected to unnatural sex on several occasions. so, if he is released on bail at present, it may affect the safety and security of the victim boy, and there is every chance for influencing or intimidating, the material witnesses. in such circumstances, this court is not inclined to allow this petition, till the material witnesses in sc.no.812/2023 are examined. there shall be a direction to the fast track special court, pathanamthitta, to expedite the trial of sc.no.812/2023, and to examine the material witnesses within three months from today. registry to forward a copy of this order to the trial court forthwith. with these directions, this petition is disposed of. sd/- sophy thomas judge skabail appl......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 BAIL APPL. NO. 620 OF 2024 CRIME NO.793/2023 OF Ranni Police Station, Pathanamthitta AGAINST THE ORDER/JUDGMENT SC 812/2023 OF FAST TRACK SPECIAL COURT, PATHANAMTHITTA
PETITIONER/ACCUSED: SAJEEV, AGED 39 YEARS SON OF SASIDHARAN, PULLIYILPUTHUPARAMBIL HOUSE, VILAYILPPADI, KEEKKOZHOOR P.O., CHERUKOL VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689672 BY ADV C.C.ANOOP RESPONDENTS/RESPONDENT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX OTHER PRESENT: SR.PP-SRI.RENJIT GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO.620 OF 2024 2

ORDER

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.793/2023 of Ranni Police Station, Pathanamthitta registered under Sections 363 and 377 of IPC and Sections 3(a) r/w 4, 6 r/w 5(m) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

2. The prosecution allegation is that, on 19/8/2023 at 12

noon and on various other dates, the petitioner kidnapped the minor boy, aged 11 years, who is deaf, from the lawful guardianship of the defacto complainant, and subjected him to penetrative sexual assault against the order of nature.

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

4. Learned Public Prosecutor vehemently opposed the bail

application stating that, the victim boy was aged only 11 years, and he was deaf, and he was subjected to unnatural sex by the petitioner, who is a man aged 39.

5. Learned counsel for the petitioner would submit that, the

petitioner was arrested on 27/8/2023, and since then, he is in judicial custody. Investigation is over, and final report has been filed before the Fast Track Special Court, Pathanamthitta, and it BAIL APPL. NO.620 OF 2024 3 is pending there as SC.No.812/2023. So, his continued detention is not necessary, and he is ready to abide by any conditions, as submitted by him.

6. It is true that, the petitioner was arrested on 27/8/2023,

and since then, he is in judicial custody. But, the available records prima facie suggest that, a deaf boy aged 11 was kidnapped by the petitioner, and he was subjected to unnatural sex on several occasions. So, if he is released on bail at present, it may affect the safety and security of the victim boy, and there is every chance for influencing or intimidating, the material witnesses. In such circumstances, this Court is not inclined to allow this petition, till the material witnesses in SC.No.812/2023 are examined. There shall be a direction to the Fast Track Special Court, Pathanamthitta, to expedite the trial of SC.No.812/2023, and to examine the material witnesses within three months from today. Registry to forward a copy of this order to the trial court forthwith. With these directions, this petition is disposed of. Sd/- SOPHY THOMAS JUDGE ska

BAIL APPL. NO.620 OF 2024 4 APPENDIX OF BAIL APPL. 620/2024 PETITIONER ANNEXURES Annexure A1 THE FREE COPY OF THE ORDER DATED 19.12.2023 IN CRL.M.C NO. 170/2023 IN S.C NO. 812/2023 ON THE FILE OF COURT OF FAST TRACK SPECIAL JUDGE, PATHANAMTHITTA DISTRICT

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