IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
BAIL APPL. NO. 4405 OF 2022
[AGAINST THE ORDER/JUDGMENT IN CRMC 724/2022 OF ADDITIONAL
DISTRICT COURT (ADHOC), THALASSERY IN CRIME NO.386/2022 OF
TALIPARAMBA POLICE STATION, KANNUR DISTRICT]
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
V.A.SATHEESH
V.T.MADHAVANUNNI
ANAND V.S
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY PP - SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4405 OF 2022
2
BECHU KURIAN THOMAS, J.
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B.A.No. 4405 of 2022
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Dated this the 23rd day of June, 2022
ORDER
This is an application seeking regular bail under Section 439 of Code of Criminal Procedure, 1973.
2. Petitioner is the accused in Crime No.386/2022, on the files of the Taliparamba Police Station, Kannur district, alleging offences under Sections 376(2)(f)(n) and 376(3) r/w Section 370(4) of the Indian Penal Code and Section 5(l)(n) r/w Section 6, Section 9(l)(n)(p) r/w Section 10, Section 11(ii) r/w Section 12 and Section 16(3) r/w Sections 17 and 21(l) of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that during the vacation period in 2019 onwards, till 18.02.2022, petitioner, who is the uncle of the victim committed penetrative sexual assault after forcing her to consume beer. The victim being aged only 15 years, the prosecution alleges that the petitioner has committed the offences.
4. Shri.V.A.Satheesh, learned counsel for the petitioner BAIL APPL. NO. 4405 OF 2022 3 submitted that the allegations raised against the petitioner are totally false and that he is innocent. It was also pointed out that petitioner was arrested on 19.03.2022 and has been custody since then. The learned counsel also pointed out that petitioner is willing to abide by the condition that may be imposed.
5. Smt.Nima Jacob, the learned Public Prosecutor opposed the grant of bail and pointed out that if the petitioner is released, there is every chance that he may threaten the victim and interfere with the due course of justice, especially due to the relationship.
6. Taking note of the close relationship between the petitioner and the victim, I am of the view that there is every possibility that the victim could be intimidated or threatened by the petitioner. The offence alleged is grave and the victim is only 15 years. The petitioner being the uncle of the victim, releasing the petitioner on bail at this juncture would cause prejudice to the prosecution case.
Accordingly, I dismiss this application.
Sd/-
BECHU KURIAN THOMAS JUDGE ssa/