Rajan vs State of Kerala

RAJAN vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 29, 2023

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https://sooperkanoon.com/case/1388699

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Citation: sooperkanoon.com/1388699
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Sep 29, 2023
Case Number: Bail Appl./7916/2023

Parties & Advocates

Appellant / Petitioner

RAJAN

Advocate Sri. Nidheesh S

Respondent

State of Kerala

Excerpt

.....the court on the same day delivered the following:orderthe petitioner is the accused in crime no.555/2023 of adimaly police station, which was registered for the offences punishable under sections 363, 370, 370(a), 377 of ipc and also under sections 9(1)3(c) of the pocso act.2. the prosecution case is that, during the onam vacationin 2022 at about 4.30 p.m., the petitioner allegedly enticed the victim, a boy aged 14 years and took him to a place nearby the tribal boys hostel and sexually abused him against the order of nature. it is also alleged that, similar incidents were repeated on several occasions thereafter. the crime was registered in such circumstances and as part of the investigation the petitioner wasarrested on 12.05.2023. since then he has been under judicial detention. even though the petitioner approached this court earlier seeking bail, the same was dismissed as per annexure 1. this application is submitted in such circumstances.3. heard sri. nidheesh s., learned counsel for the petitioner and sri.sanal p. raj, learned public prosecutor for the state.4. the learned counsel for the petitioner submits that thepetitioner was falsely implicated in the said case as the mother of the victim was in inimical terms with the petitioner. however, on going through the contents of the statement given by the victim before the police and also before the learned magistrate under section 164 of cr.p.c., it can be seen that the victim boy had given a clear description of each and every sexual assaults committed upon him. the allegations are very serious and it was repeated on several occasions.therefore, i am of the view that, considering the nature of the allegations, the seriousness thereof and severity of punishment, this is not a fit case in which bail can be granted to the petitioner. i do not find any merit in this bail application and accordingly it is dismissed. sd/- ziyad rahman a.a. judge scs appendix of bail appl. 7916/2023 petitioner annexures.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 29TH DAY OF SEPTEMBER 2023 / 7TH ASWINA, 1945 CRIME NO.555/2023 OF ADIMALY POLICE STATION, IDUKKI PETITIONER/ACCUSED: RAJAN AGED 58 YEARS PARAYIL HOUSE, KALLARKUTTY KARA.P.O, VELLATHOOVAL, DEVIKULAM, IDUKKI, PIN - 682555 BY ADVS. S.NIDHEESH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV ADV SANAL P RAJ -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The petitioner is the accused in Crime No.555/2023 of Adimaly Police Station, which was registered for the offences punishable under Sections 363, 370, 370(A), 377 of IPC and also under Sections 9(1)3(c) of the POCSO Act.

2. The prosecution case is that, during the Onam vacation

in 2022 at about 4.30 p.m., the petitioner allegedly enticed the victim, a boy aged 14 years and took him to a place nearby the Tribal Boys Hostel and sexually abused him against the order of nature. It is also alleged that, similar incidents were repeated on several occasions thereafter. The crime was registered in such circumstances and as part of the investigation the petitioner was

arrested on 12.05.2023. Since then he has been under judicial detention. Even though the petitioner approached this Court earlier seeking bail, the same was dismissed as per Annexure 1. This application is submitted in such circumstances.

3. Heard Sri. Nidheesh S., learned counsel for the petitioner and Sri.Sanal P. Raj, learned Public Prosecutor for the State.

4. The learned counsel for the petitioner submits that the

petitioner was falsely implicated in the said case as the mother of the victim was in inimical terms with the petitioner. However, on going through the contents of the statement given by the victim before the Police and also before the learned Magistrate under Section 164 of Cr.P.C., it can be seen that the victim boy had given a clear description of each and every sexual assaults committed upon him. The allegations are very serious and it was repeated on several occasions.

Therefore, I am of the view that, considering the nature of the allegations, the seriousness thereof and severity of punishment, this is not a fit case in which bail can be granted to the petitioner. I do not find any merit in this bail application and accordingly it is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF BAIL APPL. 7916/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER IN B.A 5512/23 DATED 13/7/2023 Annexure 2 CERTIFIED COPY OF THE ORDER IN CRL.M.P TRACK SPECIAL COURT

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