Full Judgment
BAIL APPL. NO. 3227 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 BAIL APPL. NO. 3227 OF 2021 Crime No.43 of 2021 of the Tanur Police Station PETITIONER/S: UDAIF AGED 32 YEARS SON OF KUNJI MOHAMMED KUTTY, KOPPINTE PURAKKAL HOUSE, AALBAZAR, TANUR P.O., BY ADV K.P.SUDHEER RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER TANUR POLICE STATION, TANUR AJITH MURALI- PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 3227 OF 2021 2
ORDER
The instant application filed under Section 438 of the Cr.P.C. is preferred by the accused in Crime No.43 of 2021 of the Tanur Police Station registered under Sections 354, 354A(1)(iv), 354(D)(1) of the Indian Penal Code and Sections 8,7,10,9(j)(i),12,11(i) of the Protection of Children from Sexual Offence Act.
2. The informant in the instant case is a girl aged 16 years. The petitioner
on the other hand is aged 32 years. The prosecution allegation is that on 22.1.2021 at about 9 a.m, while the child was going to her school, the petitioner followed her and demanded her to marry him. She refused his advances . Later in the afternoon, the petitioner is alleged to have followed her and after groping on her breasts slapped on her face and thereby committed sexual assault and other offenses
3. The learned counsel appearing for the petitioner submitted that the accused has managed to settle the disputes and an affidavit has been filed before this Court.
4. The learned Public Prosecutor has strenuously opposed the prayer. It
is submitted that the petitioner herein is the accused in four other crimes, viz., Crime Nos.134, 283, 320 of 2017 and 42 of 2019, the last of which is one registered inter alia under the POCSO Act. It is submitted that the antecedents of the petitioner should dissuade this Court in granting pre-arrest bail to the BAIL APPL. NO. 3227 OF 2021 3
5. I have considered the submissions advanced. The records reveal that
the petitioner is a person with criminal antecedents. In the instant case he has sexually assaulted a minor girl. The allegations are grave and in the facts and circumstances, I am not persuaded to grant an order of pre arrest bail to the This application will stand dismissed. The petitioner shall surrender before the Investigating Officer forthwith and shall cooperate with the investigation. Sd/- RAJA VIJAYARAGHAVAN V JUDGE sru