Kerala High Court
Amal Raj.P vs State Of Kerala on 2 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
Bail Appl. No.7837 of 2025
2025:KER:48269
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA,
1947
BAIL APPL. NO. 7837 OF 2025
CRIME NO.8/2021 OF THALASSERY POLICE STATION,
KANNUR AGAINST THE ORDER/JUDGMENT IN SC NO.882 OF 2021
OF FAST TRACK SPECIAL COURT, THALASSERY.
PETITIONER:
AMAL RAJ.P,
AGED 25 YEARS,
S/O REJI.P, AYANIYATTU MEETHAL HOUSE,
CHEMBRA, PARAL P.O, PALLOOR P.S,
PUTHUCHERRY, NOW RESIDING AT NO:2,
2NDMAIN,RAMAYYAGARDEN, 9THCROSS,BTM
1STSTAGE,TAVAREKERE, DHARMARAM COLLEGE,
BANGALORE, KARNATAKA, PIN - 560 029.
BY ADV SMT.ANAKHA BABU
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Bail Appl. No.7837 of 2025
2025:KER:48269
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.7837 of 2025
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Dated this the 2nd 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.08/2021 of Thalassery Police Station, Kannur, which is now pending as S.C.No.882 of 2021 before the Fast Track Special Court, Thalassery, registered for the offences punishable under sections 363, 370, 376(2)(n), 370A(1), 370(4) and 506(i) of the Indian Penal Code, 1860 and Section 4 r/w Section 3(a), Section 6 r/w Section 5(l), Section 12 r/w Section 11 and Section 15(1) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') apart from Sections 66E and 67(a)(c) of the Information Technology Act, 2000.
3. Petitioner is alleged to have committed penetrative sexual assault on a minor victim on 29.08.2018 and recorded the videos and forwarded it to the victim and later threatened her to further indulge in sexual intercourse repeatedly.
4. After petitioner was arrested in the said crime, he Bail Appl. No.7837 of 2025 2025:KER:48269 -3- was granted bail. In the meantime, he absconded and, therefore, the trial scheduled on 06.12.2023 could not take place. Thereafter, a non bailable warrant was issued against him, and he was arrested on 26.04.2025. The bail application filed by the petitioner was rejected by the trial court, noticing the possibility of him absconding again.
5. The learned counsel for the petitioner submitted that petitioner is totally innocent and his further detention ought not to be permitted.
6. The learned Public Prosecutor opposed the bail application.
7. Petitioner is a young person of 25 years in age. He was granted bail in the crime initially. However, since he did not appear on the date, the case was scheduled for trial, his bail was cancelled and a non bailable warrant was issued. Since the trial has not yet commenced, there is bound to be delay. Petitioner has been in custody since 26.04.2025. Though the learned Public Prosecutor pointed out that there is every chance that petitioner may abscond again, I am of the view that strict conditions can be imposed to ensure that petitioner does not abscond.
8. In the above circumstances, I am of the view that Bail Appl. No.7837 of 2025 2025:KER:48269 -4- the petitioner should be released on bail on strict conditions.
In the result, this 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 appear before the Thalassery Police Station every Second Saturday between 10.00 am and 12.00 pm until conclusion of the trial.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on bail.
(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 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 ADS Bail Appl. No.7837 of 2025 2025:KER:48269 -5- APPENDIX OF BAIL APPL. 7837/2025 PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF THE ORDER DATED 12/06/2025 IN THE BAIL APPLICATION FILED AS CRL.MP NO.390/2025.