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High Court of KeralaBail Appl./5404/2015disposed of

Mohammed Maulavi v. State Of Kerala

2015-09-11Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Bail Appl..No. 5404 of 2015 () ------------------------------- CRIME NO. 367/2015 OF POTHANIKADU POLICE STATION, ERNAKULAM DISTRICT ------------------ PETITIONER/ACCUSED :

--------------------------------- MOHAMMED MAULAVI, AGED 70 YEARS, S/O. ABOOBACKER, KARAKUNNAN PALLARIMANGALAM P.O., PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT/COMPLAINANT :

-------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, THROUGH SUB INSPECTOR OF POLICE POTHANIKKAD POLICE STATION, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.5404 of 2015 -------------------------------------- Dated this the 11th day of September, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioner is the sole accused in Crime No. 367 of 2015 of Pothanikkad Police Station registered for offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

Prosecution alleged that he sexually abused a minor girl on 19.05.2015 at about 7.30 a.m.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner is totally innocent of all the allegations. Learned Public Prosecutor opposed the bail application.

6.

Considering the nature of allegations, I am not inclined to grant anticipatory bail to the petitioner. He shall surrender before the Investigating Officer within two weeks from today and submit himself for interrogation. The Investigating Officer shall produce him before the learned Magistrate having jurisdiction on the date of surrender itself. The petitioner is free to move for regular bail before the learned Magistrate. In

BA No.5404/2015 that event, the learned Magistrate shall consider the application on merits. If he fails to surrender before the investigating officer in the stipulated time, the officer is free to take appropriate legal action. Application is disposed of.

A. HARIPRASAD, JUDGE.

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