IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
BAIL APPL. NO. 4627 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1260/2022 OF ADDITIONAL
DISTRICT COURT, THRISSUR
[CRIME NO.377/2022 OF KODUNGALLUR POLICE STATION]
PETITIONER/SOLE ACCUSED:
XXXXXX
BY ADV K.RAJESWARY
ANILPRABHA K
RESPONDENT/COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
ERNAKULAM-682031
2 XXXX (VICTIM)
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. 4627 OF 2022
2
BECHU KURIAN THOMAS, J
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B.A.No.4627 of 2022
.....................................
Dated this the 24th day of June, 2022
ORDER
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the accused in Crime No.377 of 2022 of Kodungallur Police Station registered for the offences punishable under Sections 354A, 354A(1)(i) and 376(2)(n)(i) of the Indian Penal Code, 1860 and also under Section 6 r/w Section 5(l)(m), Section 4 r/w Section 3(b) and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that, on 08.10.2015 the victim, who is the daughter of petitioner's friend, was subjected to penetrative sexual assault while she was studying in the 5 th standard and thereafter, on 25.02.2022, petitioner committed sexual assault on the victim by rubbing in between the thighs of the victim and thus committing the offences alleged against him.
BAIL APPL. 4627 OF 2022 3
4. Smt.K.Rajeswary, the learned counsel for the petitioner, submitted that the entire prosecution case is false and the allegations against the petitioner are raised due to certain ulterior motives and that petitioner is innocent of the allegations. It was pointed out that petitioner was arrested on 06.04.2022 and that even though this Court had dismissed B.A.No.3788/2022, the present application is filed due to change of circumstances, especially on account of the lapse of almost 20 days. It was further submitted that petitioner is a family man, who has daughters of the same age as the victim and that the allegations are totally false and without any basis.
5. Smt.Nima Jacob, the learned Public Prosecutor on the other hand vehemently opposed the grant of bail and submitted that the petitioner is a threat to the victim and, therefore, bail ought not to be granted.
6. A perusal of the case diary reveals that the medical report shows no evidence of sexual assault. However, despite the existence of other materials including the statement of the victim to connect the petitioner with the crime, I am satisfied that the continued detention of the petitioner is BAIL APPL. 4627 OF 2022 4 not warranted. Therefore, the petitioner is entitled to be released on bail.
7. In the result, this application is allowed on the following conditions:-
(i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(ii) Petitioner shall appear before the Investigating Officer as and when required;
(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;
(iv) Petitioner shall not commit any offence while he is on bail.
(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.
8. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/24/06//2022