Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Noushad – Appellant
Versus
State Of Kerala – Respondent
ORDER :
P.V.KUNHIKRISHNAN, J.
The petitioner is an accused in Crime No.1492/2024 of Aranmula Police Station. Petitioner is a lawyer practising in this Court. He is alleged to have committed rape on a minor girl. The offences alleged are under Sections 376(2)(j) , 376(2)(n) , 376(3), 377 , 506 of the Indian Penal Code , Sections 75 & 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'JJ Act') and Sections 4(2) , 3(a)(b), 6 , 5(l)(p)(i), 7, 8 , 9(l)(p), 10 , 11(v), 12, 16 , 17 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').
2. The victim in this case gave a statement before the Konni Police Station on 14.12.2024 at 2.30 pm in the presence of one Jeeva Thomas. She stated that she is a Plus- 2 grade student and her date of birth is 02.08.2007. She stated that her father and mother are not on good terms and they are living separately. The petitioner is known to her. He is a friend of her aunt. She stated that, in 2022, while she was studying in the 9th standard, she went to the Park Residency Hotel at Kozhenchery. At that time, the petitioner was also there. Two rooms were taken and the petitioner occupied one room. Her
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The references are primarily to recent decisions (2023 and 2025) and do not include any language suggesting negative treatment or invalidation of these cases. Therefore, based solely on the provided information, there are no cases identified as bad law.
Followed / Supported:
State of Kerala [2023 (6) KHC 158]: This case is cited without any negative or critical language, suggesting it is being relied upon as precedent or support.
State of Kerala [2025 KHC OnLine 1527]: Similarly, this case is referenced without any indication of negative treatment, implying it may be considered good law or at least not overruled.
State of Kerala [2023 (5) KLT 514]: Its mention as being relied on by counsel indicates it is still relevant and possibly good law.
No explicit treatment patterns such as "distinguished," "criticized," or "questioned" are noted in the list, so these cases are grouped as potentially good law or currently relevant decisions.
All cases are presented with minimal context and no explicit treatment language. Without additional details about subsequent judicial treatment or commentary, the treatment of each case remains uncertain. The list does not specify whether these decisions have been upheld, criticized, or overruled, making it difficult to definitively categorize their current legal standing.
**Source :** NOUSHAD vs STATE OF KERALA - Kerala
Anticipatory bail cannot be granted in cases of serious allegations like rape, especially with prima facie evidence against the accused.
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.
The voluntary nature of the victim's actions and the absence of allegations of forcible sexual intercourse by the accused influenced the court's decision to grant anticipatory bail.
The main legal point established in the judgment is that a petitioner who has jumped bail and is not available for trial may not be entitled to anticipatory bail under Section 438 of Cr.P.C.
The main legal point established in the judgment is that a petitioner's conduct, such as jumping bail in a related case and being unavailable for trial, can be considered in determining entitlement t....
Anticipatory bail should only be granted in exceptional circumstances; the seriousness of the allegations and need for investigation justifies denial of bail.
The POCSO Act establishes a presumption of guilt based on credible victim statements, shifting the burden of proof to the accused.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
