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XXXXXXXX vs the State of Kerala

XXXXXXXX vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Dec 23, 2022
~3 min read
https://sooperkanoon.com/case/1586946

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./10265/2022

Parties & Advocates

Appellant / Petitioner

XXXXXXXX

Respondent

The State of Kerala

Excerpt

.....of the indian penal code 1860, apart from section 6(1) r/w section 5(k)(l)(m)(n) and section 10 r/w section 9(k)(l) (m)(n) of the protection of children from sexual offences act, 2012, and also section 92(d) of the right of person with disabilities act, 2016 and section 75 of the juvenile justice (care and protection of children) act.3. according to the prosecution, petitioner who is the father ofthe victim girl aged 11 years had, during june 2022, committed penetrative sexual assault on the victim on several days, while the mother of the child was under quarantine due to covid-19 and thereby committed the offences alleged.4. sri.biju abraham, the learned counsel for the petitionercontended that the entire prosecution allegations are false and the incident as alleged had not occurred. it was further submitted that the matrimonial disputes between the parties is the reason for the false accusation and that petitioner is totally innocent. it was also submitted that petitioner was arrested on 18.11.2022, and hence further detention b.a.no.10265 of 2022 3 ought not be permitted.5. smt.c.seena, the learned public prosecutor, opposed thegrant of bail and contended that the allegations are serious, and the minor victim was sexually exploited repeatedly by her own father and therefore, if the petitioner is released on bail, there is every chance that he may influence and intimidate the witness.6. i have considered the rival contentions and have also perused the statement of the victim including the statement under section 164 of the cr.p.c. as well as the medical examination report.7. having regard to the nature of offences alleged which tallieswith the medical report as well as the statement of the victim, i am of the view that the petitioner cannot be released on bail. taking note of the gravity of the offences alleged and also the nature of allegations, i am of the view that this is not a fit case where the petitioner can be released on bail. accordingly, i dismiss the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 BAIL APPL. NO. 10265 OF 2022 CRIME NO.749/2022 OF KODAKARA POLICE STATION PETITIONER/ACCUSED: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV BIJU ABRAHAM RESPONDENT/DEFACTO COMPLAINANT: THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682035 BY ADV SMT.C.SEENA PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.10265 of 2022 2

BECHU KURIAN THOMAS, J.

B.A.No.10265 of 2022 Dated this the 23rd day of December, 2022

ORDER

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

2. Petitioner is the accused in Crime No.749/2022 of Kodakara

Police Station, alleging offences punishable under Sections 354, 376(2) (f)(l)(n), 376AB and 323 of the Indian Penal Code 1860, apart from Section 6(1) r/w Section 5(k)(l)(m)(n) and Section 10 r/w Section 9(k)(l) (m)(n) of the Protection of Children from Sexual Offences Act, 2012, and also Section 92(d) of the Right of Person with Disabilities Act, 2016 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

3. According to the prosecution, petitioner who is the father of

the victim girl aged 11 years had, during June 2022, committed penetrative sexual assault on the victim on several days, while the mother of the child was under quarantine due to Covid-19 and thereby committed the offences alleged.

4. Sri.Biju Abraham, the learned counsel for the petitioner

contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the matrimonial disputes between the parties is the reason for the false accusation and that petitioner is totally innocent. It was also submitted that petitioner was arrested on 18.11.2022, and hence further detention B.A.No.10265 of 2022 3 ought not be permitted.

5. Smt.C.Seena, the learned Public Prosecutor, opposed the

grant of bail and contended that the allegations are serious, and the minor victim was sexually exploited repeatedly by her own father and therefore, if the petitioner is released on bail, there is every chance that he may influence and intimidate the witness.

6. I have considered the rival contentions and have also perused the statement of the victim including the statement under Section 164 of the Cr.P.C. as well as the medical examination report.

7. Having regard to the nature of offences alleged which tallies

with the medical report as well as the statement of the victim, I am of the view that the petitioner cannot be released on bail. Taking note of the gravity of the offences alleged and also the nature of allegations, I am of the view that this is not a fit case where the petitioner can be released on bail. Accordingly, I dismiss the application. BECHU KURIAN THOMAS JUDGE jka/23.12.22

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