B.Namadev Shenoy v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 19372 Bail Appl..No. 2358 of 2015 ------------------------------------------- CRIME NO. 573/2014 OF ADHUR POLICE STATION , KASARGOD DISTRICT -------------------- PETITIONER(S)/ACCUSED :
----------------------------------------- B.NAMADEV SHENOY, AGED ABOUT 93 YEARS, S/O LATE B. NARAYANA SHENOY, R/AT SARVODAYA SEVAK, BADIADKA VILLAGE, POST -PERADALA - 671 551, KASARAGOD TALUK & DISTRICT BY SRI.M.RAMESH CHANDER (SENIOR ADVOCATE ) ADVS. SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENT(S)/COMPLAINANT & STATE :
---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI- 682 031.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2358 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
The petitioner is alleged to have committed the offence under Section 4 of the Protection of Children from Sexual Offences Act and Section 376 (2) of the Indian Penal Code.
3.
The allegation is that on 15.08.2014 and on several days subsequent to it, he sexually abused school going girls. The learned counsel submits that the petitioner is aged 93 years and the allegation is false.
4.
Heard.
5.
The First Information Statement reveals that the petitioner was in the habit of sexually abusing school going girls. Merely because, he is 93 years old it is not proper to grant him anticipatory bail. The allegation is very serious. Prima facie, Section 4 of the Protection of Children from Sexual Offences Act is attracted. So I am not inclined to grant the prayer of the petitioner for anticipatory bail.
B.A. No.2358 of 2015 In the result, this application is dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge