Sulaiman v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 Bail Appl..No. 4687 of 2015 ---------------------------------------- CRIME NO. 702/2014 OF THRITHALA POLICE STATION , PALAKKAD DISTRICT ------------------- PETITIONER(S)/ACCUSED 1 & 2 :
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1. SULAIMAN, AGED 45 YEARS, S/O.HYDRUMAN, KODIVALAPPIL HOUSE, NJAGATTIRI P.O., THRITHALA, PALAKKAD DISTRICT.
2. RIYAS @ RIYASUDHEEN, AGED 38 YEARS, S/O.HAMSA PULIKKAL HOUSE, NJAGATTIRI P.O, THRITHALA, PALAKKAD DISTRICT.
BY ADV. SRI.A.HAROON RASHEED RESPONDENT(S) :
---------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.JIBU.P.THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K.ABRAHAM MATHEW, J ----------------------------------- B.A.NO.4687 OF 2015 -------------------------------------- dated this the 10th day of August, 2015
O R D E R
----------- Petition filed under Section 438 Cr.P.C.
2.
Petitioners are accused in Crime No.702 of 2014 of Thrithala Police Station, Palakkad District. They are alleged to have committed the offences under Sections 377 read with Section 34 of Indian Penal Code and Section 7 and 11 of the Protection of Children from Sexual Offences Act.
3.
The prosecution case is that they sexually abused a boy aged 15 years.
4.
Heard.
5.
It is seen from the First Information Statement that the first petitioner abused the boy more than once. The second petitioner also sexually abused him. The learned counsel submits that the victim is a dropout of the school and he is involved in ganja trade. In the absence of any evidence to support it. The court cannot act upon such submission. This is not a fit case to grant anticipatory bail.
B.A.NO.4687 OF 2015 In the result, this application is dismissed. Sd/- K.ABRAHAM MATHEW, JUDGE R.AV //True Copy// PA to Judge