Crime No. 1626/2017 Of Kundara … vs By Advs.Sri.Eldhose Elias on 13 September, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2017/22ND BHADRA, 1939

Bail Appl..No. 6238 of 2017 ()
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CRIME NO. 1626/2017 OF KUNDARA POLICE STATION , KOLLAM

PETITIONER(S)/ACCUSED:
———————

NIZAMUDEEN @ VAYALADI NIZAM
AGED 41 YRS, S/O.SHAHUDEENKUTTY,
PUTHENVILA THEKKATHIL VEEDU,
THENGUVILA, KAMPALADI, PORUVAZHY, KUNNATHOOR,
KOLLAM

BY ADVS.SRI.ELDHOSE ELIAS
SRI.P.C.ANIL KUMAR

RESPONDENT(S)/COMPLAINANT/STATE:
——————————————–

STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
KUNDARA POLICE STATION,
KOLLAM THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031

BY PUBLIC PROSECUTOR SRI.SAJJU.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13-09-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.
~~~~~~~~~~
B.A No.6238 of 2017
~~~~~~~~~~~
Dated this the 13th September, 2017

O R D E R

The petitioner herein is the sole accused in Crime

No.1626/2017 of the Kundara Police Station, registered

under Section 377 I.P.C and Section 3 (d) read with 4 5

(m),6, 7 and 8 of the Protection of Children from Sexual

Offences Act. He seeks regular bail under Section 439 of

the Code of Criminal Procedure. The application filed by

him for regular bail was dismissed by the learned

Additional Sessions Judge-I, Kollam on 2.8.2017. The

petitioner has been in judicial custody since 2.7.2017.

2. This is an extreme case of un-natural offence on

a minor boy aged 8 years. The small boy has given a

narration of what happened to him at the hands of the

petitioner. Now it is reported that the investigation is over,

and the Police has submitted final report in court on

24.8.2017. Of course, it is true that no previous crime of

similar nature is seen reported against the petitioner.

However, in the particular facts and circumstances where I

find the possibility of the material witnesses being won

B.A No.6238 of 2017
2

over, if the petitioner is immediately released on bail, I feel it

inappropriate to release him. However, it is made clear that

in due course of trial, the petitioner can approach the trial

court, and when application for regular bail comes during

trial, it can be judiciously considered, and appropriate

decision can be taken by the trial court. Giving such liberty

to the petitioner, this application is disposed of.

Sd/-

P.UBAID
JUDGE
ma

/True copy/

P.S to Judge

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