Sali vs State of Kerala

SALI vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 24, 2023

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Citation: sooperkanoon.com/1332325
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jan 24, 2023
Case Number: Bail Appl./513/2023

Parties & Advocates

Appellant / Petitioner

SALI

Respondent

State of Kerala

Excerpt

.....petitioner is theaccused in crime no.2136/2022 of palluruthy kasaba police station, which was registered under section 354 of the indian penal code. the crime was registered on the allegation that on 25.12.2022, the petitioner was called by the de-facto complainant to her house. while the petitioner went to her house, the de-facto complainant was alone, and the petitioner sexually assaulted her by touching her breast and private parts of her body with the intention to commit rape. the victim in this case is a 76 year old lady, and the petitioner is one of her relatives. the petitioner was arrested in connection with the said crime on 27.12.2022, and since then, he is under police detention.2. the learned counsel for the petitioner contends that the petitioner is innocent of the allegations and he was falsely implicated in the said case.3. on the other hand, the learned public prosecutor seriouslyopposes the application. the statement of the victim recorded under section 164 of cr.p.c. was also relied on, and a copy of the same was made available before this court for perusal.4. it is also submitted by the learned public prosecutor thatthe victim, an aged lady, has not recovered from the trauma caused by the incident. it is contended that if the petitioner is released on bail, the chances of the witnesses being influenced and intimidated cannot be ruled out.5. after going through the materials placed on record andconsidering the serious nature of the allegations raised against the petitioner, i am of the view that no indulgence is required. this is mainly because the statement of the victim recorded under section 164 cr. p.c reveal that the petitioner assaulted the victim with the intention to perform sexual acts. considering the old age of the victim, such an act has to be treated as very serious. moreover, the investigation is at the infantile stage, and it is not proper to grant bail at this stage of the investigation.in such circumstances, i do not find any.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 24TH DAY OF JANUARY 2023 / 4TH MAGHA, 1944 CRIME NO.2136/2022 OF PALLURUTHY KASABA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED: SALI AGED 46 YEARS S/O KUNJAPPAN, PALLICHALNIKATHIL HOUSE, PALLURUTHY, KOCHI, PIN - 682006 BY ADV DENIZEN KOMATH RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER PALLURUTHY KASABA POLICE STATION, PALLURUTHY, KOCHI, PIN - 682005 BY ADV PUBLIC PROSECUTOR ADV M P PRASHANTH-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is a regular bail application. The petitioner is the

accused in Crime No.2136/2022 of Palluruthy Kasaba Police Station, which was registered under Section 354 of the Indian Penal Code. The crime was registered on the allegation that on 25.12.2022, the petitioner was called by the de-facto complainant to her house. While the petitioner went to her house, the de-facto complainant was alone, and the petitioner sexually assaulted her by touching her breast and private parts of her body with the intention to commit rape. The victim in this case is a 76 year old lady, and the petitioner is one of her relatives. The petitioner was arrested in connection with the said crime on 27.12.2022, and since then, he is under police detention.

2. The learned counsel for the petitioner contends that the petitioner is innocent of the allegations and he was falsely implicated in the said case.

3. On the other hand, the learned Public Prosecutor seriously

opposes the application. The statement of the victim recorded under Section 164 of Cr.P.C. was also relied on, and a copy of the same was made available before this Court for perusal.

4. It is also submitted by the learned Public Prosecutor that

the victim, an aged lady, has not recovered from the trauma caused by the incident. It is contended that if the petitioner is released on bail, the chances of the witnesses being influenced and intimidated cannot be ruled out.

5. After going through the materials placed on record and

considering the serious nature of the allegations raised against the petitioner, I am of the view that no indulgence is required. This is mainly because the statement of the victim recorded under Section 164 Cr. P.C reveal that the petitioner assaulted the victim with the intention to perform sexual acts. Considering the old age of the victim, such an act has to be treated as very serious. Moreover, the investigation is at the infantile stage, and it is not proper to grant bail at this stage of the investigation.

In such circumstances, I do not find any reasonable grounds to release the petitioner on bail. Accordingly, this application is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE AP APPENDIX OF BAIL APPL. 513/2023 PETITIONER ANNEXURES Annexure A-1 TRUE CERTIFIED COPY OF THE ORDER OF THE SESSIONS COURT, ERNAKULAM IN CRL.M.C.NO.

Same Court & Year Kerala Orders · 2023 Same Parties SALI vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.