BAIL APPL. NO. 4210 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
BAIL APPL. NO. 4210 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1006/2022 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AG
(CRIME NO.299/2022 OF NEDUMANGAD POLICE STATION)
PETITIONER/S:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
KOCHIN, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR,PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4210 OF 2022
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BECHU KURIAN THOMAS, J.
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B.A.No.4210 of 2022
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Dated this the 9th day of June, 2022
ORDER
This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.299/2022 of Nedumangad Police Station. The offences alleged against the petitioner are under Sections 341, 363, 450, 376, 376(2)(f), 376(2) ((n),376(2)(i),506(i) of the Indian Penal Code, 1860 and Sections 4 r/w3(a) & (b), 6 r/w 5, 5(I), 5 (m), 5(n) of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution allegation is that petitioner trespassed into the house of the minor survivor, some time in May 2016 as well as on few other days in July 2016 and subjected the minor girl of 12 years to repeated penetrative sexual assault and thereby committed offences alleged.
4. Sri.R.Sunil Kumar, learned counsel for the petitioner vehemently contended that the petitioner was arrested on 28.02.2022 and has been in custody till date. He further submitted BAIL APPL. NO. 4210 OF 2022 3 that the offences alleged against the petitioner were due to enmity and that circumstances do not warrant any further detention.
5. Sri.K.A.Noushad, learned Public Prosecutor, on instructions submitted that the offences are serious in nature and circumstances do not warrant enlargement of the petitioner on bail, especially since the petitioner may intimidate the victim.
6. After appreciating the contentions raised by the learned Counsel for the petitioner and the learned Public Prosecutor, and on perusal of FIR and FI statement, I am satisfied that the offences alleged against the petitioner are serious in nature and the circumstances do not warrant enlargement of the petitioner on bail. Considering the close relationship of the petitioner with the victim, the doubt of the prosecution that the petitioner may intimidate the victim and other witnesses cannot be said to be baseless.
In such circumstances, I am not inclined to allow this application. Accordingly, this bail application is dismissed.
sd/ BECHU KURIAN THOMAS JUDGE jm/