Raghavan vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 29, 2024

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Citation: sooperkanoon.com/1324464
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: May 29, 2024
Case Number: Bail Appl./3593/2024

Parties & Advocates

Appellant / Petitioner

Raghavan

Respondent

State of Kerala

Excerpt

.....p prasanth, public prosecutor this bail application having come up for admission on 29.05.2024, the court on the same day delivered the following:orderdated this the 29th day of may, 2024 this is an application for anticipatory bail filed under section 438 of the code of criminal procedure by the sole accused in crime no.441/2024 of kottiyam police station, kollam.2. heard the learned counsel for the petitioner and the learned public prosecutor. perused the available materials.3. summarily stating, the prosecution allegation isthat the accused herein subjected a 15 year old differently abled girl to sexual assault at the bed room and bath room of the petitioner's house at naduvilakkara in thrikkovilvattom on several days. the specific allegation is that the accused repeatedly kissed her on the lips many times, sucked her breast many times and thereby sexually abused the victim. on this premise, the prosecution alleges commission of offences punishable under section 354 of ipc and sections7, 8, 9l, 9k, and 10 of the protection of children from sexual offences act against the accused.4. the learned counsel for the petitioner would submit that the petitioner, who is aged 85 years, is innocentand the allegations are false. accordingly, offering cooperation in the matter of investigation, the learned counsel canvassed anticipatory bail to the petitioner.5. the learned public prosecutor strongly opposedgrant of pre-arrest bail and read out the statement of the differently abled person, recorded with the assistance of the interpreter and submitted that the statement would contain the allegations. therefore, the offences are well made out, prima facie, where arrest and custodial interrogation of the petitioner are necessary.6. i have perused the statement of the victim. in thestatement, the victim clearly stated that the accused kissed the victim on the lips many times, sucked her breast many times at the bath room and bedroom of the petitioner and the accused.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946 CRIME NO.441/2024 OF KOTTIYAM POLICE STATION, KOLLAM PETITIONER/ACCUSED: RAGHAVAN AGED 85 YEARS S/O AYYAPPAN, KALEEYIKKAL VEEDU, NADUVILAKKARA, ALUMMOODU PO, KOLLAM, PIN - 691577 BY ADVS. C.R.JAYAKUMAR NOBEL RAJU ALEENA JOSE RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KOTTIYAM POLICE STATION, KOLLAM, PIN - 691571 SRI.M P PRASANTH, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 29th day of May, 2024 This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by the sole accused in crime No.441/2024 of Kottiyam Police Station, Kollam.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the available materials.

3. Summarily stating, the prosecution allegation is

that the accused herein subjected a 15 year old differently abled girl to sexual assault at the bed room and bath room of the petitioner's house at Naduvilakkara in Thrikkovilvattom on several days. The specific allegation is that the accused repeatedly kissed her on the lips many times, sucked her breast many times and thereby sexually abused the victim. On this premise, the prosecution alleges commission of offences punishable under Section 354 of IPC and Sections

7, 8, 9l, 9k, and 10 of the Protection of Children from Sexual Offences Act against the accused.

4. The learned counsel for the petitioner would submit that the petitioner, who is aged 85 years, is innocent

and the allegations are false. Accordingly, offering cooperation in the matter of investigation, the learned counsel canvassed anticipatory bail to the petitioner.

5. The learned Public Prosecutor strongly opposed

grant of pre-arrest bail and read out the statement of the differently abled person, recorded with the assistance of the interpreter and submitted that the statement would contain the allegations. Therefore, the offences are well made out, prima facie, where arrest and custodial interrogation of the petitioner are necessary.

6. I have perused the statement of the victim. In the

statement, the victim clearly stated that the accused kissed the victim on the lips many times, sucked her breast many times at the bath room and bedroom of the petitioner and the accused repeatedly done the same. Therefore, the allegations are well made out, prima facie and in such a case, release of the petitioner on anticipatory bail would impede the investigation. In the result, this bail application stands dismissed. Since the learned counsel for the petitioner expressed willingness of the petitioner to surrender, the petitioner is permitted to surrender before the Investigating Officer within ten days from today and move for regular bail, in accordance with law. Sd/- A. BADHARUDEEN JUDGE nkr

Same Court & Year Kerala Orders · 2024 Same Parties Raghavan vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen