Kerala High CourtSaheer vs The State Of Kerala on 6 December, 2017Author:V Raja VijayaraghavanBench:V Raja VijayaraghavanIN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

         WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939

                        Bail Appl..No. 7303 of 2017 ()
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            CRIME NO.327/2017 OF NILAMBUR POLICE STATION, MALAPPURAM


PETITIONER:
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            SAHEER,
            S/O.MUHAMMED, AGED 28 YEARS,
            MUDAVANKULAVAN HOUSE, CHAKKALAKUTH,
            NILAMBUR, MALAPPURAM DISTRICT.


            BY ADV. SRI.BABU S. NAIR


RESPONDENTS:
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          1. THE STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM, KOCHI-682031.

          2. THE SUB INSPECTOR OF POLICE,
            NILAMBUR POLICE STATION,
            MALAPPURAM DISTRICT, PIN-679329.


            BY SR. PUBLIC PROSECUTOR SRI.B.JAYASURYA


       THIS BAIL APPLICATION  HAVING COME UP FOR ADMISSION ON 06-12-2017, THE
       COURT ON THE SAME DAY PASSED THE FOLLOWING:


EL



                RAJA VIJAYARAGHAVAN V., J
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                    B.A. No. 7303 of 2017
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          Dated this the 6th day of December, 2017

                             ORDER1.This application is filed undersection 439of the Code of

  Criminal Procedure.2.The petitioner herein is the sole accused in Crime No.327 of

  2017     of the Nilambur Police Station registered alleging

  offences punishable underSections 376(2)(f)(i)of the IPC,Section 5(l)(m)(n)read withsection 6of the Protection of

  Children from Sexual Offences Act,Section 75of the Juvenile

  Justice (Care and Protection of Children) Act.3.The victim in the instant cases is a 5 = year old child and the

  petitioner is her maternal uncle.    The allegation is that the

  petitioner sexually abused the minor child on repeated

  occasions and subjected her to penetrative sexual assault.4.The learned counsel submits that the petitioner was arrested

  on 29.7.2017 and has been in custody since then. Continued

  incarceration would not serve any purpose and prays that heBA 7303/2017                    2be released on bail .5.As this Court was not inclined to release the petitioner on bail,

  a report was called for from the Court below to ascertain

  whether the trial proceedings can be expedited. It is reported

  that the case has been posted for trial in the month of

  February, 2018.     The learned Additional Sessions Judge has

  expressed optimism that the case can be disposed of within a

  period of four months from the date of report.6.The learned additional Sessions Judge is directed to expedite

  the proceedings and dispose of the matter, as expeditiously as

  possible, at any rate, within a period of 4 months from

  4.12.2017.This application is dismissed with the above observations.Sd/-RAJA VIJAYARAGHAVAN V.,
                                          JUDGEvps 6/12/True Copy/

                                                      PS to Judge