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Suneera vs State Of Kerala on 8 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940

Bail Appl..No. 1644 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMP 409/2019 of SPECIAL COURT UNDER
POCSO ACT, MANJERI

CRIME NO. 38/2019 OF Thenhipalam Police Station , Malappuram

PETITIONER/ACCUSED:

SUNEERA
AGED 34 YEARS
W/O.SADIQUE ALI,PARACHINAKKAL HOUSE,
OLAKARA.P.O,PERUVALLUR,PARAMBILPEDIKA,
TIRURANGADI TALUK,MALAPURAM DISTRICT.

BY ADV. SRI.V.M.KRISHNAKUMAR

RESPONDENTS/STATE COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM PIN-682031

2 THE SUB INSPECTOR OF POLICE,
THENHIPALAM POLICE STATION,MALAPPURAM,
PIN-673636.

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No. 1644 of 2019

ALEXANDER THOMAS, J.

B.A.No.1644 of 2019

Dated this the 08th day of March, 2019

ORDER

Heard Shri.V.M.Krishnakumar, learned counsel appearing for the

applicant accused and Shri.Amjad Ali, learned Public Prosecutor for

the respondents.

2. The petitioner is a lady aged 34 years is the sole accused in

crime No.38/2019 of Thenhipalam Police Station for offences

punishable under Sections 377 I.P.C and Section 3(d) r/w Section 4,

5(l), (m),(n) r/w Section 6 of the POCSO Act and Section 75 of the

Juvanile Justice Act. The brief of the prosecution case is that the minor

victim boy in this case is now aged 9 years and is the son of the brother

of the lady accused’s husband and that the families of the accused and

the family of the minor victim boy’s parents are in the immediate

neighbourhood and that the minor boy is now studying in 3 rd std and

while he was studying in 1st std, the accused used to call him frequently

to her room and used to make him undressed and touch his private

parts and that she used to forcibly make the minor victim suck her

breast and used to touch her private parts and further that she used to
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Bail Appl..No. 1644 of 2019

repeat such actions even while he was studying in the 2 nd and 3rd std.

Further,the counsel of the petitioner would submit that there were

frequent family disputes between the accused’s husband and the

parents of the victim and that the present allegations has been false

fully hoisted to the child to tarnish the accused and her husband and

that even going by the First Information Statement given by the victim

would show that there has been considerable delay in making these

allegations after more than two years. Per contra, Shri.Amjad Ali,

learned Public Prosecutor would submit on the basis of instructions of

the respondent investigation officer, that this investigation would

reveal that before the registration of the crime, the mother of the victim

boy found him to be in moody and depressed mood and when she had

queried repeatedly, the victim had disclosed this aspects and further

that the victim’s father is working in the Gulf country and immediately

after these aspects were brought to the notice by the mother of the

victim, it was reported to the police and that in the facts and

circumstances of the cases like this, it cannot be said that the delay

would be fatal and at any rate those aspects may not be relevant at the

present stage of consideration for the plea for bail.

3. It is seen that the accused has been arrested on 12.02.2019.
4
Bail Appl..No. 1644 of 2019

The Prosecutor has submitted that the investigation has not been

completed and that since the family of the accused and the family of the

victim were closely related, are living in the immediate neighbourhood,

that in all like hood, the accused would seriously prejudice the outcome

of the investigation as well as the trial and would wield influence over

the minor victim boy and that the fair conduct and finalisation of the

investigation warrants that the plea of regular bail may not be acceded

now.

4. After having heard both sides and taking into account the

facts and circumstances of the case, this Court is of the view that the

plea for grant of regular bail need not be granted as of now, keeping in

view the very seriousness and gravity of the offences as well as the

allegations against the accused, more particularly the fact that the

investigation has not been completed and the victim is a minor boy

hardly aged 9 years and the accused is a lady aged 34 years, is none

other than his paternal aunt and as they are living in the immediate

neighbourhood, it is highly likely that the outcome of the investigation

could be prejudicially affected. In the light of these aspects, this Court

is not inclined to grant the plea for regular bail at this stage, keeping in

view the above said aspects, and also the fact that the investigation has
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Bail Appl..No. 1644 of 2019

not so far been completed.

In the light of these aspects, it is ordered that the bail application

stands dismissed.

Sd/-

ALEXANDER THOMAS

JUDGE

PV
6
Bail Appl..No. 1644 of 2019

APPENDIX
ANNEXURE I CERTIFIED COPY OF THE ORDER IN
CRL.MP.409/2019 DATED 23.02.2019 OF THE
SPECIAL COURT FOR THE TRIAL OF OFFENCES
AGAINST CHILDREN (ADDITIONAL SESSIONS
COURT-I) MANJERI

ANNEXURE II TRUE COPY OF THE FIR IN CR.NO.38/2019 OF
THENHIPALAM POLICE STATION, MALAPPURAM
DISTRICT

\TRUE COPY//

PA TO JUDGE
PV

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