Kerala High Court
Hassan vs State Of Kerala on 1 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:47734
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
BAIL APPL. NO. 8041 OF 2025
CRIME NO.197/2025 OF THRITHALA POLICE STATION,
PALAKKAD AGAINST THE ORDER/JUDGMENT DATED 16.06.2025 IN
CRMP NO.3286 OF 2025 OF ADDITIONAL DISTRICT COURT
(ADHOC), PALAKKAD.
PETITIONER:
HASSAN,
AGED 41 YEARS,
SON OF SAYD MUHAMMED, MUTHUMUTTATH HOUSE,
MOODUR P.O., VATTAMKULAM VILLAGE,
MALAPPURAM DISTRICT, PIN - 679 578.
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE SUB INSPECTOR OF POLICE,
THRITHALA POLICE STATION,
PALAKKAD DISTRICT, PIN - 679 534.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.8041 of 2025
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Dated this the 1st day of July, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).
2. Petitioner is the accused in Crime No.197 of 2025 of
Thrithala Police Station, Palakkad, registered for the offences
punishable under sections 127(2), 137(2), 115(2), 118(1) and
351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and
Sections 8, 7, 10, 9(1), 4(2), 3(d), 6 and 5(l) of the Protection of
Children from Sexual Offences Act, 2012 (for short ‘POCSO Act‘)
3. According to the prosecution, on 16.04.2025, the
accused took the victim on a motorbike and dragged him inside
the room of a homeo hospital and closed the door and thereafter,
bit on his chest and penis and caused injuries and also assaulted
him with a stick and thereby committed the offences alleged.
Petitioner was arrested on 18.04.2025 and he has been in custody
since then.
4. I have heard Sri.P M Ziraj, the learned counsel for the
petitioner as well as Sri. Prasanth M P, the learned Public
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Prosecutor.
5. The learned counsel for the petitioner vehemently
contended that the prosecution allegations are totally false, and
the victim had concocted a false case merely because the
petitioner had warned him of smoking cigarettes. It was also
submitted that the final report has already been filed on
10.06.2025 and therefore further detention ought not to be
permitted.
6. The learned Public Prosecutor, on the other hand,
submitted that the allegations are very serious, and the petitioner
is alleged to have bit the penis of the de facto complainant, apart
from biting on his chest as well as assaulting him repeatedly. It
was further pointed out that the said overt acts on the minor
victim correspond to the injuries noted in the wound certificate
and therefore, considering the nature of allegations, bail ought not
to be granted, as there is every chance that he may influence and
threaten the victim.
7. I have considered the rival contentions and I have
gone through the statement of the victim as well as the wound
certificate. The victim has narrated in detail the heinous acts
committed by the petitioner against him. Apart from assaulting
him brutally, the petitioner is alleged to have indulged in a
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perverted behaviour that too without any reason and after
dragging him inside a room. The victim is a fourteen year old boy.
If the petitioner is released on bail, there is every chance that he
may influence the victim or even threaten him.
8. Considering the aforesaid circumstances, I am of the
view that, notwithstanding the final report having been filed and
the petitioner being in custody from 18.04.2025, he cannot be
released on bail.
Accordingly, this bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
Bail Appl. No.8041 of 2025
2025:KER:47734
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APPENDIX OF BAIL APPL. 8041/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED
16/06/2025 IN CRIMINAL MP NO. 3286 OF
2025 ON THE FILE OF THE ADDITIONAL
COURT OF SESSIONS-1, PALAKKAD.