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2025 DAILYLAW 5328 (KER)

JAHAMGIR v. STATE OF KERALA

Bail Appl./4193/2025 · 2025-04-01

P V Kunhikrishnan

body2025

Judgment text

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2025:KER:27886 BAIL APPL. NO. 4193 OF 2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 BAIL APPL. NO. 4193 OF 2025 CRIME NO.1743/2024 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED: JAHAMGIR, AGED 38 YEARS, S/O SHIHABUDHEEN, MINARATHIL HOUSE, KIZHAVOOR, THRIKKOVILVATTOM, KOLLAM, PIN-691577 BY ADVS. SHAHIM BIN AZIZ RAFEEK. V.K. MOHAMMED SHAFI.K KAVYA S.A. MUHAMMED SHAFI K. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031 SRI.HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27886 BAIL APPL. NO. 4193 OF 2025 -2- P.V.KUNHIKRISHNAN, J ------------------------------------------ B.A.No.4193 of 2025 ------------------------------------------ Dated this the 1st day of April, 2025 ORDER The petitioner is the sole accused in Crime No.1743/2024 of Pathanamthitta Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 354, 354B, 376, 376AB, 376(2) of the Indian penal code and Sections 3(a)(b) r/w 4, 5(1)5(m) and 5(n) r/w 6, 7 r/w 8, 9(1), 9(m) and 9(n) r/w 10 of the Protection of Children from Sexual Offences Act. 2. When this case was called today in the morning session, there was no representation. Therefore, this Court passed over the matter. After lunch, again this case was called, even then there was no representation for the petitioner. 2025:KER:27886 BAIL APPL. NO. 4193 OF 2025 -3- 3. Heard the Public Prosecutor and the counsel for the defacto complainant. 4. The allegation against the petitioner is that the petitioner, who is the father committed penetrative sexual assault on his own daughter aged 16 years. It is also a fact that after the registration of the above case, the petitioner contacted the mother of the victim and threatened and consequently, another crime is registered. 5. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, this bail application is dismissed. Sd/- P.V.KUNHIKRISHNAN JUDGE bpr 2025:KER:27886 BAIL APPL. NO. 4193 OF 2025 -4- APPENDIX OF BAIL APPL. 4193/2025 PETITIONER'S ANNEXURES Annexure-A1 FREE COPY OF THE ORDER DATED 28.02.2025 IN CRL.M.P.NO. 714/2025 IN CRIME.NO.1743/2024