K.Abdulla v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 Bail Appl..No. 2877 of 2015 --------------------------------------- CRIME NO. 485/2014 OF VIDYA NAGAR POLICE STATION, KASARGOD DISTRICT ------------------- PETITIONER(S)/(1ST ACCUSED) :

------------------------------------------------- K.ABDULLA, AGED 58 YEARS, S/O.FAKRUDHEEN, HASEENA MANZIL, SANTHOSH NAGAR, ALAMPADY, KASARAGOD DISTRICT. BY SRI.T.SETHUMADHAVAN (SENIOR ADVOCATE) ADVS. SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT(S)/(STATE & COMPLAINANT) :

------------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO. 485/2014 OF VIDHYANAGAR POLICE STATION, KASARAGOD DISTRICT).

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.2877 of 2015 -------------------------------------------- Dated this the 1st day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. The petitioner is alleged to have committed the offences under Sec.377 of Indian Penal Code and Sec.4 of the Prevention of Children from Sexual Offences Act. The allegation is that he had sexually misused a boy aged 11 years. He had intercourse with him against the order of nature.

3. Heard both sides.

4. The petitioner is aged 57 years and the victim 11 years. Learned counsel submits that the petitioner is a cardiac patient.

5. That is not a ground to grant him anticipatory bail. Prima facie he has committed the offence alleged against him.

In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge