Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 23RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 BAIL APPL. NO. 3551 OF 2023 (Crime No.185/2023 of Chelakkara Police Station) PETITIONER/ACCUSED: ASHIK, AGED 22 YEARS S/O IBRAHIM,PADINJAREPEEDIKAYIL HOUSE, KEEZHILLAM CHELAKKARA ,THRISSUR DISTRICT-, PIN - 680580 BY ADVS. K.M.MUHAMMED HUSSAIN K.V.SREE VINAYAKAN RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER CHELAKKARA POLICE STATION, THRISSUR DISTRICT-, PIN - 680580 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: ADV SEETHA S -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.185/2023 of
Chelakkara Police Station. The offences alleged against the petitioner are punishable under Sections 376 of the Indian Penal Code and Section 4 read with Section 3, Section 6 read with Section 5(i) (ii) and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that, the petitioner, on
11.03.2023 at about 11.30 pm, had forceful penetrative sexual intercourse on the victim, who was aged 16 years, on the veranda of the house of the victim and thereby impregnated her. The crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 05.04.2023. Since then, he has been under judicial detention, and this application for bail is submitted in such circumstances.
4. Heard, Sri. K.M.Muhammed Hussain, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor for the State.
5. The learned counsel for the petitioner submits that he is
innocent of all the allegations and was falsely implicated in the said case. He further pointed out that he has been under detention since 05.04.2023 and he is prepared to abide by any conditions that this Court may impose. Now the investigation is practically over, and therefore, further incarceration of the petitioner is not at all necessary.
6. On the other hand, the learned Public Prosecutor would
seriously oppose the aforesaid application. It is pointed out that there are specific allegations against the petitioner, and the matter is under investigation. The learned Public Prosecutor further points out that, if the release of the petitioner is ordered at this point of time, in all probabilities, he is likely to influence the witnesses.
7. I have gone through the records and heard the contention from both sides. The statements of the victim given before the Police and the learned Magistrate under Section 164 of
Cr.P.C contain specific allegations of sexual assault against the victim. The matter is now under investigation. The petitioner is acquainted with the witnesses in this case, and therefore the apprehension voiced by the learned Public Prosecutor cannot be simply brushed aside. In such circumstances, taking note of the gravity of the offences and the stage of the investigation, I am of the view that it is not proper to release the petitioner on bail at this juncture. Therefore, I do not find any merits in this bail application, and accordingly, this application is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE APPENDIX OF BAIL APPL. 3551/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE ORDER DATED 25- 04-2023 IN CRL.M.P.NO. 1573 /2023 OF COURT OF ADDITIONAL SESSIONS JUDGE-I, THRISSUR