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Kabeer @ Matha Kabeer vs State Of Kerala on 29 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941

Bail Appl..No. 2101 of 2019

CRIME NO. 22/2019 OF Valanchery Police Station , Malappuram

PETITIONER/ACCUSED:

KABEER @ MATHA KABEER
AGED 28 YEARS, S/O. MOIDEEN,
KATTACHIRA, MANKERI, IRIMBLIYAM P.O,
MALAPPURAM-679572.

BY ADVS.
SRI.P.C.ANIL KUMAR
SMT.P.SREESHA
SRI.MANU M.THOMAS

RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2101 of 2019

2

ALEXANDER THOMAS, J.
—————————–
B.A.No.2101 Of 2019
———————————
Dated this the 29th day of March, 2019.

ORDER

The petitioner is the sole accused in Crime No. 22 of 2019 of

the Valanchery Police Station, which has been registered for offences

punishable under under Section 377, 506(i) of the I.P.C and Sections

3(c), 4, 7 and 8 of POCSO Act, 2012 and Section 77 of the Juvenile

Justice (Care and Protection of Children) Act, 2015.

2. The brief of the prosecution is that on 26.01.2019, at about

1.00 p.m, when the minor victim boy child aged 13 years, had gone to

the nearby paddy field for playing. He was taken to the nearby bushes

by the accused, aged 28 years, the accused has forcibly given liquor

and cigar and thereafter the child was sexually abused. The petitioner

was arrested on 12.02.2019 and has been under judicial custody since

then.

3. The counsel for the petitioner pointed out that there is no

case of penetrative sexual assault alleged against the petitioner and

there is no allegation that the petitioner had made any physical

contacts over the private parts of the minor victim boy and the
Bail Appl..No. 2101 of 2019

3

ingredients of normal intercourse as envisaged in Section 377 I.P.C are

absent.

4. Per contra, the learned Public Prosecutor had pointed out

that a mere perusal of the Annexure A1 FIR statement would show that

the boy has clearly stated that the accused has forced him to drink

some liquid which was having the colour of tea and he became

unconscious and when he woke up, he found that his pants were

loosened, and that a sticky oily fluid was found on his pants as well

between his thighs and that it clearly indicates that the petitioner

would have forced the child to drink some liquid, after which the minor

boy has become unconscious and that during that time, the petitioner

has disrobed the boy and would have placed his genitals between the

thighs of the child, which would have led to the ejaculation of semen.

These are clearly serious and grave allegations. Further that the

investigation is not completed, and also the petitioner is a relative of

the child, there is all likelihood of the petitioner influencing the

witnesses including the minor victim boy and his family members

which will prejudice the outcome of the investigation process and the

trial.

5. Having heard both sides, this court is of the considered

view that as the investigation has not so far been completed and the
Bail Appl..No. 2101 of 2019

4

allegations disclosed against the petitioner are serious and grave and

there is likelihood of the petitioner influencing the witnesses including

the minor victim boy, it may not be right and proper for this Court to

exercise discretion at this stage to release the petitioner on bail.

Accordingly, the bail application stands dismissed.

Sd/-

ALEXANDER THOMAS
JUDGE
sru

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