Petitioner who is accused of sexually assaulting a minor boy was granted bail and the Court enforced certain condition to ensure that he does not influence the complainant or any witness in any manner, it was held by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of SAINULABDEEN vs. STATE OF KERALA (BAIL APPL. NO. 2579 OF 2022) on 7th April, 2022.
Brief facts of the case are that the allegation against the petitioner is that the petitioner had sexually abused and had committed penetrative sexual assault on the minor victim, a 11 year old boy.
Learned counsel for petitioner submitted that the petitioner is a 68 year old man who is running a stationery shop and going by the statement given by the victim boy, he sexually abused the victim boy at a tea shop. He submitted that this itself is sufficient to show that the allegations are false. The petitioner had no occasion whatsoever to abuse the minor boy and that the allegations are false and submitted that the petitioner is absolutely innocent in the matter.
Learned Public prosecutor submitted that there are clear allegations against the petitioner and the contentions raised by the learned counsel for the petitioner are absolutely incorrect. The statement of the minor victim given under Section 164 of Cr.P.C. clearly reveals the instances of sexual abuse by the petitioner. All the accused including the petitioner in these cases are named in the statement given under Section 164 of Cr.P.C. He submitted that there is no reason whatsoever to disbelieve the statement under Section 164 of Cr.P.C. and this is not a case where there is any exaggeration by the minor victim. He submitted that the minor victim is suffering from psychological distress owing to the abuse that he suffered at the hands of the petitioner and others, the petitioner is not entitled to be released on bail.
In view of the facts and circumstances of the case that the petitioner has been in custody for 80 days and that the petitioner is a 68 year old man suffering from various ailments, the Court granted bail to the petitioner with sufficient conditions to ensure that the petitioner does not influence the minor victim or any witness.
Judgment reviewed by – Amit Singh