Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 25TH DAY OF FEBRUARY 2022 / 6TH PHALGUNA, 1943 CRL.A NO. 156 OF 2022 AGAINST THE ORDER DATED 31.01.2022 IN C.M.P.NO.62/2022 OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, ERNAKULAM (FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN) IN CRIME NO.39/2022 OF PALLURUTHY POLICE STATION APPELLANT:- PETITIONER/ACCUSED: ATHUL MAJEED, AGED 23 YEARS, SON OF. MAJEED, VALLMPARAMBIL HOUSE, MANGAMODOM LANE, EDAKOCHI VILLAGE, KOCHI, ERNAKULAM DIST., PIN - 682 010 ANIL K.MUHAMED B.S.SURAJ KRISHNA RESPONDENTS: RESPONDENT/COMPLAINANT & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682 031 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX R1 BY SMT.AMBIKA DEVI S, SPL.G.P. (ATROCITIES AGAINST WOMEN AND CHILDREN AND WELFARE OF W AND C)(GP-38) SMT SHEEBA THOMAS, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 25th day of February, 2022 This appeal is filed challenging an order passed by Additional Court of Sessions, Ernakulam (For trial of cases relating to Atrocities & Sexual Violence against Women and Children) (for short ‘the court below’) on 31.01.2022 dismissing C.M.P.No.62/2022 filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C’) seeking for his release from judicial custody.
2. C.M.P.No.62/2022 was filed in Crime No.39/2022 of
Palluruthy Police Station, Ernakulam District registered for offences punishable under Sections 354, 354A(1)(i) and 376 of Indian Penal Code (for short ‘IPC’), Section 3(b) read with 4, 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST (POA) Act’). The allegation was that a girl aged 16 years, who belongs to Pulaya Community was enticed by the appellant to his house at Palluruthy, and hugged and kissed
her in his bed room. He has also pressed on the vagina and breast of the victim and thus, alleged to have committed the above offences.
3. The learned Public Prosecutor opposed the bail application for the reason that investigation is progressing.
4. It is observed that the victim girl is a student of Plus One and also a Pulaya girl and the appellant is a Muslim. It is found from the impugned order that the appellant did the offensive
acts on the girl on the basis of his offer to marry her. The appellant was in custody from 10.01.2022. For the reason that offences of the nature are increasing day by day, this Court finds it relevant to prolong the custody of the people responsible for those and also to curb the exploitation of girl children. Likelihood of the appellant on release to threaten and influence the victim girl, to tamper with the best evidence and to defeat a fair investigation also stand against grant of bail to the appellant.
Appeal fails for the reasons and is dismissed. Sd/- MARY JOSEPH JUDGE NAB APPENDIX OF CRL.A 156/2022 APPELLANTS ANNEXURES: ANNEXURE 1 CERTIFIED COPY OF ORDER DATED 31-01-2022 OF ADDL: SESSIONS COURT (FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE'S AGAINST WOMEN AND CHILDREN, ERNAKILAM, ERNAKULAM DISTRICT. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P A TO JUDGE