Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Moideen Kunhi @ vs State Of Kerala

High Court Of Kerala|12 December, 2014
|

JUDGMENT / ORDER

~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.562/2014 of Bedakam Police Station registered for the offences punishable under Sections 452 and 354 IPC, Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
3. The allegation against the petitioner is that on 09.11.2014 at 00.40 a.m., he came to the house of the de facto complainant girl aged 13 belongs to a Scheduled Caste and outraged her modesty by catching on her body by thrusting his hands through the window while the girl was sleeping on a cot with her mother. She made a hue and cry. When the people gathered, the petitioner, in a hurry, BA.8688/2014 : 2 :
escaped from the spot by his motor cycle and in that process, he fell down.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. This application seeking anticipatory bail is not maintainable as it is hit by Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Over and above it, considering the facts and circumstances of this case, this is not a fit case wherein anticipatory bail can be granted.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/12/12 // True Copy // PA to Judge
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Moideen Kunhi @ vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
12 December, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Jawahar Jose
  • Sri Arun Ajay
  • Shankar