Sanal K.James v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 Bail Appl..No. 2430 of 2015 () ------------------------------- AGAINST THE ORDER IN CRL.MC 713/2015 of 1ST ADDL. SESSIONS COURT, THRISSUR DATED 07.04.2015 CRIME NO. 175/2015 OF PEECHI POLICE STATION, TRISSUR PETITIONER/ACCUSED:
------------------- SANAL K.JAMES, AGED 35 YEARS, S/O.JAMES K. JOHN, KUTTIKKAL HOUSE, NEDUMANNI KARA, NEDUMKUNNAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.R.PREMSANKAR RESPONDENT/COMPLAINANT:
----------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PEECHI(CRIME NO 175/2015) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.GITHESH R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. RAMAKRISHNAN, J.
................................................. .................................................. Dated this the 5th day of May, 2015.
O R D E R
This is an application filed by the sole accused in Crime No.175/2015 of Peechi police station under section 439 of the Code of Criminal Procedure for regular bail.
2. The case of the prosecution in nutshell was that in the month of April, the accused had sexually exploited, abused and assaulted the victim girl of 12 years belonging to SC/ST community and thereby he had committed the offences punishable under sections 376 of the Indian Penal Code and sections 4 and 5(f) read with section 6 of the Protection of Children from Sexual Offences Act, 2012 and section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. The counsel for the petitioner, Sri.R.Premsankar submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case. In fact, final report has been filed and his custody is not required any more in connection with the
investigation.
4. The application was opposed by the Public Prosecutor, Sri. Githesh on the ground that the petitioner has involved in another crime of similar nature as well and he is a pastor by profession. Perused the case diary file also.
5. The above case was registered on the basis of the complaint given by a member of the Child welfare Committee, Thrissur when it was revealed that the petitioner had exploited sexually the victim girl of 12 years and on that basis originally Crime No.175/2015 of Peechi police station was registered against the petitioner alleging commission of the offence under section 376 of the Indian Penal Code and Section 6 of Protection of Children against Sexual Offences Act. Later, during investigation it was revealed that he was doing this on several occasions and it continued for a period of nearly two years and the victim belongs to Harijan community and he had committed sections 4 and 5 (f) read with section 6 of the Protection of Children from Sexual Offences Act, 2012 and section 3(1)(xi) of the SC/ST Act and other offences were also added. Investigation was completed and final report was filed. It is also seen from the case diary file that the petitioner had
sexually assaulted another girl of 13 years and another crime was registered as Crime No.174/2015 and in that case also investigation was completed and final report was filed. So it is clear from the report of the investigating officer that a pastor by profession, who is expected to keep high moral responsibility, misused his position and used young female children to satisfy his lust and the apprehension of the Public Prosecutor that if he is released on bail, he is likely to repeat similar offences cannot be ruled out. So under the circumstances and also considering the fact that final report has already been filed and also considering the fact that he is repeating similar offences, it is not a fit case to grant bail to the petitioner. So the petition is liable to be rejected.
In the result, the petition is dismissed.
Sd/- K. RAMAKRISHNAN, JUDGE.
/true copy/ P.S to Judge cl