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High Court of KeralaBail Appl./3295/2015dismissed

Ismail v. Station House Officer

2015-06-12Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No. 3295 of 2015 ------------------------------- CRIME NO. 210/2015 OF KUMBLA POLICE STATION, KASARAGOD DISTRICT. ...........

PETITIONER/ACCUSED:

---------------------------------- ISMAIL, AGED 60 YEARS, S/O ABDULLA, RESIDING AT MUTHOOT HOUSE, KAYYAR VILLAGE, MANJESHWAR TALUK, KASRAGOD.

BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/COMPLAINANT/STATE:

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1. STATION HOUSE OFFICER, KUMBALA POLICE STATION , KASARAGOD DISTRICT - 673 122.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K.ABRAHAM MATHEW, J.

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B.A.No.3295 of 2015 ........................................

Dated this the 12th day of June, 2015

ORDER

Petition filed under Section 439 Cr.P.C.

2.Petitioner is the accused in Crime No.210 of 2015 of Kumbla Police Station. The petitioner is said to have committed the offence of attempt to commit rape on a child aged 7 years. The allegation is that, he has committed the offence under Section 511 read with Section 376 of the Indian Penal Code and Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act.

3.Head both sides.

4.I have perused the report of the doctor, who examined the victim. There was evidence of sexual assault. The victim is aged 7 years and the petitioner is 60 years. It is true that, he has been in custody since 09.04.2015.

B.A.No.3295 of 2015 But, this is not a proper case to grant bail; if he is granted bail, there is every likelihood of his intimidating or influencing the witnesses.

In the result, this bail application is dismissed. Sd/- K.ABRAHAM MATHEW JUDGE AMV/12/06/ /TRUE COPY/ P.A.TO JUDGE