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. 4618 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 1306/2021 OF FAST TRACK
SPECIAL COURT, PERINTHALMANNA ARISING OUT OF CRIME NO.301/2021
OF THE KOLATHUR POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
NIRMAL V NAIR
ARATHI PRABHAKARAN
RESPONDENTS/STATE AND VICTIM:
1 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
KOCHI - 682 031
2 XXX XXX
PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. 4618/2022
2
BECHU KURIAN THOMAS, J
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B.A.No.4618 of 2022
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Dated this the 23 rd 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 accused in S.C.No.1306/2021 on the files of the Fast Track Special Court, Perinthalmanna, arising out of Crime No.301 of 2021 of Kolathur Police Station. The crime was registered alleging offences punishable under Sections 376(2),(f) and 376(3) of the Indian Penal Code 1860 as well as Sections 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015; and also under Sections 5(n) r/w 6(l) of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that, petitioner who is the elder brother of the 14 year old victim, subjected her to aggravated penetrative sexual assault in April 2020.
4. Sri.Nirmal V.Nair, the learned counsel for the petitioner, submitted that petitioner was arrested on 17.08.2021 and has been in custody since then and that the final report has already been filed. He further submitted that in view of the BAIL APPL. 4618/2022 3 long period of detention, petitioner ought to be released on bail.
5. Sri.Noushad K.A., the learned Public Prosecutor, on the other hand vehemently opposed the grant of bail and submitted that petitioner has indulged in a very heinous crime and also has criminal antecedents as he is involved in other cases including a crime registered under the Narcotic Drugs and Psychotropic Substances Act, 1985.
6. Considering the nature of offences committed by the petitioner and also his criminal antecedents, release of the petitioner on bail at this juncture, when the trial is continuing, will prejudice the trial. Since the petitioner is the elder brother of the victim and he is alleged to have committed the offence of rape on another sister also compels this Court to deny bail to petitioner. In such a view of the matter, I am not inclined to allow this application. Accordingly, this application is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/23/06//2022