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M. V. MURALIDARAN
Johnson Arokiadass – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
This application has been filed by the petitioner under Section 439 Cr.P.C. seeking to enlarge him on bail in connection with FIR No.24(4)2021 of Moreh Police Station registered under Section 11(iv)(v)/18 of POCSO Act.
2. The case of the prosecution is that on 17.4.2021 at 9.00 a.m., the complainant Harbajan Kaur lodged a written complaint to the Officer-in-Charge of Moreh Police Station stating that on 5.4.2021, her daughter was mentally harassed by the petitioner with sexual intention and asked her to send pictures late at night through mobile phone. The petitioner also blackmailed the daughter of the complainant and asked her to meet privately, failing which he would come to her residence and expose her relation with her boyfriend. Further case of the prosecution is that the petitioner came to the house of the complainant thrice on 5.4.2021, 6.4.2021 and 14.4.2021 asking why her daughter blocked his number. While visiting the house of the victim, the petitioner also threatened the victim regarding her education, as she is one of the sponsored students under VSR Trust Foundation and further threatened to discontinue her sponsorship.
3. The learned counsel for the petitioner
The main legal point established in the judgment is the requirement of sexual intent for the offence of sexual harassment under the POCSO Act, the presumption of innocence until proven guilty, and th....
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
The main legal point established in the judgment is the discretion of the court in granting bail, considering the severity of the offence, medical grounds, and delay in trial, while emphasizing the p....
The discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is ....
The main legal point established in the judgment is the presumption of innocence, the importance of a speedy trial, and the humane treatment of the accused. The court emphasized the principles of bai....
The main legal point established in the judgment is the presumption of innocence, the importance of considering delay in trial when granting bail, and the need for a humane attitude in dealing with b....
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
The court emphasized that the serious nature of allegations under the POCSO Act, coupled with the need to protect child victims, outweighs personal liberty concerns when considering bail applications....
The court emphasized that the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
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