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2024 Supreme(Online)(KER) 3222
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 BAIL APPL. NO. 10873 OF 2023 CRIME NO.1253/2023 OF Kayamkulam Police Station, Alappuzha PETITIONER/ACCUSED:
SHAJI, AGED 68 YEARS S/O.VASU, MANIKKATHU HOUSE, PUTHUPPALLI, ALAPPUZHA, PIN - 690502 BY ADV M.R.SASITH RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT:
PP-SRI.PRASANTH M.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by the sole accused in Crime No.1253 of 2023 of Kayamkulam Police Station, Alappuzha District registered under Sections 354, 354A(1)(i), 354A(1)(ii), 354A(1)(iii), 354A(1)(iv), 354D(1)(ii) and 447 of IPC and Sections 7, 8, 11(i), 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
2. The prosecution allegation is that, during the period from 1/1/2021 till 29/11/2023, the petitioner, who is a neighbour of the defacto complainant, with an intention to commit sexual assault, used to pester and stalk her and made sexually coloured remarks against her and one day while she was brooming her front yard, he caught hold of her hand with sexual intent.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application stating that, the petitioner, who is a 68 year old man, was continuously following a minor girl aged 15 and committed pestering and stalking, and made sexually coloured remarks and even caught hold on her hand with sexual intent, while she was brooming her front yard.
5. Learned counsel for the petitioner would submit that, there was boundary dispute between the family of the defacto complainant and the petitioner.
6. Even then, considering the fact that, the petitioner who is a 68 year old man was continuously following a minor girl aged 15, and made sexually coloured remarks, and finally attempted to commit sexual assault by holding her hand at her courtyard, this Court is not inclined to release him on anticipatory bail. The petitioner is directed to surrender before the Investigating OfÏcer on or before 13/2/2024, and in the event of arrest, the petitioner has to be produced before the jurisdictional magistrate court on the date of arrest itself. The learned magistrate has to consider his bail application, and pass appropriate orders on the date of application itself, as far as possible.
With these directions above, this bail application is disposed of.
