Kerala High Court
Sidharth @ Kuttu vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:55153
BAIL APPL. NO. 8148 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8148 OF 2025
CRIME NO.338/2025 OF Peechi Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 13.06.2025 IN Bail
Appl. NO.6315 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED:
SIDHARTH @ KUTTU
AGED 23 YEARS
S/O.UDAYAN, KUNDIL HOUSE, KRISHNAPURAM DESOM,
KALATHODE, OLLURKKARA VILLAGE,
THRISSUR DISTRICT, PIN - 680655
BY ADVS.
SRI.RAJIT
SMT.SRUTHI RAJIT
SMT.AZOONTHA ABRAHAM
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:55153
BAIL APPL. NO. 8148 OF 2025
2
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8148 of 2025
...................................................
Dated this the 25th day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.338 of 2025 of Peechi Police Station registered for the offences punishable under Sections 376(2)(n), 376AB of the Indian Penal Code 1860, sections 65(2)(f)(m), 65(2) of the Bharatiya Nyaya Sanhita, 2023 apart from section 3(a) r/w 4(2), section 5(1)(m) r/w 6(1) of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution alleges that the accused, who is a relative of a minor girl aged 9 years, had committed penetrative sexual assault on the victim at his house at Kalathode while the victim was studying in UKG and again on several occasions at the victim's house and thereby 2025:KER:55153 BAIL APPL. NO. 8148 OF 2025 3 committed the offences alleged. Petitioner was arrested on 03.04.2025 and he has been in custody since then.
4. Adv.Sruthy Rajith, the learned counsel for the petitioner vehemently contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the victim has made the allegations on a misunderstanding and considering the period of detention undergone by the petitioner as well as his young age he ought to be released on bail.
5. The learned Public Prosecutor, on the other hand submitted that the allegations are serious and the petitioner has committed a serious offence and that too, on a girl of nine years and therefore bail ought not to be granted. The learned Public Prosecutor further pointed out that the petitioner is a person of 23 years of age and therefore the heinous crime committed by the petitioner cannot be shrugged aside on the basis of any alleged hormone deficiency. The Public Prosecutor also pointed out that this 2025:KER:55153 BAIL APPL. NO. 8148 OF 2025 4 Court had already dismissed the bail application of the petitioner in B.A.No.6315 of 2025 and since there is no change of circumstances, the bail application ought to be dismissed.
6. On consideration of the rival contentions, it is noticed that the petitioner is alleged to have committed a serious offence on a minor girl aged 9 years 11 months. In the order in B.A.No.6315 of 2025, this Court had noted that the hymen of the victim was not found to be torn. Still, considering the nature of allegations, legally, the accused can be alleged to have committed penetrative sexual assault on the victim. Though the allegations do indicate instances penetrative sexual assault committed by the accused. Considering the entire circumstances, including the young age of the petitioner apart from the absence of any tear on the hymen, I am of the view that the continued custody of the petitioner is not necessary especially since he has been in custody for the last more than 135 days. Moreover, the final 2025:KER:55153 BAIL APPL. NO. 8148 OF 2025 5 report has already been filed on 02.05.2025 and hence further custody of the petitioner would amount to punishment before conviction.
In the result, this bail application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him 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.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not enter into the jurisdictional limit of the Police Station where the victim resides.
(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.
In case of violation of any of the above conditions or 2025:KER:55153 BAIL APPL. NO. 8148 OF 2025 6 if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE nak 2025:KER:55153 BAIL APPL. NO. 8148 OF 2025 7 APPENDIX OF BAIL APPL. 8148/2025 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE ORDER DATED 02.05.2025 IN CRL.MP NO. 2016/2025 OF THE LEARNED I ADDITIONAL SESSIONS JUDGE, THRISSUR Annexure 2 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE JUBILEE MISSION HOSPITAL Annexure 3 A TRUE COPY OF THE ORDER IN BA 6315/2025 OF THIS HON'BLE COURT DATED 13.06.2025