Full Judgment
BAIL APPL. NO. 10230 OF 2023 CRIME NO.881/2023 OF Narakkal Police Station, Ernakulam RESPONDENT: REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 VIPIN NARAYAN A, G.SUDHEER,NOUSHAD K A-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, ALONG WITH Bail Appl..10233/2023 & 10235/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:2: BAIL APPL. NO. 10233 OF 2023 CRIME NO.883/2023 OF Narakkal Police Station, Ernakulam RESPONDENTS: REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 PP - VIPIN NARAYANAN R. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, ALONG WITH Bail Appl.10230/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3: BAIL APPL. NO. 10235 OF 2023 CRIME NO.889/2023 OF Narakkal Police Station, Ernakulam RESPONDENT: REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 PP - G. SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, ALONG WITH Bail Appl..10230/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :4:
ORDER
All the above bail applications are filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The accused in all the bail applications is one and the
same. The applicant is the sole accused in Crime Nos. 881, 883 & 889 of 2023 of Njarakkal Police Station. In Crime No. 881/2023, the offences alleged are punishable under Sections 4(2), 3(C), 6, 5(f), (l) (p), 8, 7, 10, 9(f), (l) (p) of the Protection of Children from Sexual Offences Act, 2012. In Crime No. 883/2023, the offences alleged are punishable under Sections 4(2), 3(c), 6, 5(f), 5(l), 7, 10 read with 9(l) of the Protection of Children from Sexual Offences Act, 2012. In Crime No. 889/2023, the offences alleged are punishable under Sections 7, 8, 9, 9(f), 9(p) and 9(o) read with 10 of POCSO Act.
3. The prosecution case in short is as follows: The accused
is an Instructor (Ustad) of the Madrassa attached with Masjidul Malik Masjid, Kaloor. The victims are his students. The allegation in Crime No.881/2023 is that the accused sexually abused the victim at the bedroom of the child by kissing and hugging him and also pressing and shaking his penis. It is also alleged that the accused forced the victim to shake his penis. The allegation in Crime No.883/2023 is that the accused committed penetrative sexual assault on a boy
:5: aged 13 years staying in the hostel. The allegation in Crime No.889/2023 is that the accused sexually abused a child who is also an inmate in the hostel on 11.08.2023 at 10.30 p.m in the hostel room by fondling the buttocks of the child and touching his penis on his backside.
4. I have heard Sri. Samsudin Panolan, the learned counsel for the applicant and Sri. Noushad K.A, Sri. Vipin Narayanan & Sri. G.Sudheer, the learned Public Prosecutors. Perused the case diary.
5. The learned counsel for the applicant submitted that the
applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crimes; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutors submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was arrested on 06.09.2023. Since then,
he is in judicial custody. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Altogether four cases were filed against him. The allegations are similar in nature. In one case, he was given statutory bail. The
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victims involved in all the cases are minors aged 13 years who were staying in the hostel away from their home. The applicant is also the warden of the hostel. The applicant who is supposed to take care of the hostelmates sexually exploited them. The allegation is serious in nature. The investigation is still going on.
Considering the nature of the crime, how the applicant is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail applications are accordingly dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE sbk/-