Kerala High Court
Sumesh vs State Of Kerala on 8 July, 2025
2025:KER:50026
CRL.A NO. 1214 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
CRL.A NO. 1214 OF 2025
CRIME NO.1165/2013 OF Town West Police Station, Thrissur
AGAINST THE ORDER DATED 19.06.2025 IN CRLMP 211/2025 IN
LPR NO.10 OF 2021 OF FAST TRACK SPECIAL COURT-1 UNDER POCSO
ACT, THRISSUR
APPELLANT/3RD ACCUSED:
SUMESH
AGED 41 YEARS
S/O MANIYAPPAN GOPALAKRISHNAN, D/7 4TH FLR SARAS
RESIDENCY, LINGAM NAGAR, KULUMANI ROAD, WORIYUR,
THIRUCHIRAPPALLI URBAN, TAMILNADU, PIN - 620102
BY ADVS.
SRI.A.RAJASIMHAN
KUM.VYKHARI.K.U
SHRI.ANAS ALI M.M.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:
SRI VIPIN NARAYAN A,SR.PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
30.06.2025, THE COURT ON 08.07.2025 DELIVERED THE FOLLOWING:
2025:KER:50026
CRL.A NO. 1214 OF 2025 2
JUDGMENT
This appeal has been filed under Section 14A of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act'), challenging the order dated 19.06.2025 on the file of the Fast Track Special Court-1, Thrissur in Crl.M.P.No.211/2025 in LPR No.10/2021 rejecting the application filed by the appellant for regular bail in connection with Crime No.1165 of 2013 of Thrissur Town West Police Station. The appellant is one of the accused in Crime No.1165/2013 of Thrissur Town West Police Station which was registered alleging commission of offence under Sections 376 (1), 354, 366A r/w Section 34 of the Indian Penal Code and Sections 3(a)(b), 4, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. There are altogether four accused in the case including the appellant herein. While the allegation against the other three accused was that they had committed penetrative sexual assault on the minor victim who is a member of a Scheduled Caste Community, the allegation against the appellant was that he had sexually abused her by grabbing her breast. The appellant absconded even at the crime stage as a result of which an absconding charge sheet 2025:KER:50026 CRL.A NO. 1214 OF 2025 3 was filed against him and the matter was transferred to the Long Pending Register as LPR No.10/2021 on the file of the Special Court, Thrissur. The trial against the three other accused ended in acquittal as can be seen from Annexure-A2, A3 and A4 documents produced along with this case. The appellant was traced out and arrested from Hyderabad and has been in custody from 13.06.2025.
2. The learned counsel for the appellant submits that though the appellant is a native of Tamil Nadu, he has been living in Hyderabad in connection with his business. It is submitted that he was not aware of the case. It is pointed out that the only allegation against the appellant as distinct from the allegation raised against the other accused in the case is that the appellant had sexually abused the victim in the manner indicated above. It is submitted that the victim herself turned hostile and the other three accused against whom the allegations of penetrative sexual assault had been raised, have been acquitted by the trial court. It is submitted that since the appellant was treated as an absconding accused, the case against him was split up. It is submitted that the appellant will co-operate with the trial of the case and therefore, he may be granted bail subject to any condition that this Court may deem fit to impose.
3. The learned Public Prosecutor opposes the grant of 2025:KER:50026 CRL.A NO. 1214 OF 2025 4 bail mainly on the ground that the appellant is an absconding accused and for all these years, the appellant has evaded the process of law. It is submitted that, in such circumstances, the criminal trial against the appellant will have to be expedited and the custodial trial is warranted. The learned Public Prosecutor confirms that notice of this Criminal Appeal was served on the victim in Crime No.1165/2013 of Thrissur Town West Police Station.
4. The learned counsel for the appellant submits in reply that the order impugned in the appeal itself records that the victim has no objection in bail being granted to the appellant.
5. Having heard the learned counsel for the appellant and the learned Public Prosecutor, I am of the view that, in the facts and circumstances of the case, the appellant can be granted bail with stringent conditions to ensure that he does not evade the process of law. He has already been in custody in connection with the above case from 13.06.2025. The victim has no objection in the appellant being granted bail. The allegations against the appellant are as noticed above. Apart from the fact that he may abscond, there is no other reason to deny bail to the appellant.
Accordingly, the Criminal Appeal is allowed and the appellant is directed to be released on bail subject to the following 2025:KER:50026 CRL.A NO. 1214 OF 2025 5 conditions:-
(i) The appellant shall execute bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.;
(ii) The appellant shall ensure that he appears before the trial court on each posting date without fail unless otherwise exempted by the court;
(iii) The appellant shall not attempt to make any contact with the victim or influence or intimidate the victim or any family members of the victim or any witnesses in Crime No.1165 of 2013 of Town West Police Station, Thrissur;
(iv) The appellant shall surrender his passport before the jurisdictional Court. If the appellant does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;
(v) The appellant shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the 2025:KER:50026 CRL.A NO. 1214 OF 2025 6 investigating officer in Crime No. 1165 of 2013 of Town West Police Station, Thrissur shall file an application before the jurisdictional court for cancellation of bail sd/-
GOPINATH P. JUDGE acd 2025:KER:50026 CRL.A NO. 1214 OF 2025 7 APPENDIX OF CRL.A 1214/2025 PETITIONER ANNEXURES Annexure A2: TRUE COPY OF THE JUDGMENT OF THE FAST TRACK SPECIAL COURT-1, THRISSUR IN SC NO.477 OF 2015 DATED 22-3-2021 ANNEXURE-A1: CERTIFIED COPY OF THE FIR NO.1165 OF 2013 OF THRISSUR TOWN WEST POLICE STATION ALONG WITH FIS ANNEXURE-A3: TRUE COPY OF THE JUDGMENT OF THE FAST TRACK SPECIL COURT-1, THRISSUR IN SC NO.15 OF 2016 DATED 22-3-2021.
ANNEXURE-A4: TRUE COPY OF THE JUDGMENT OF THE FAST TRACK SPECIAL COURT-1, THRISSUR IN SC NO.433 OF 2016 DATED 30-09-2021 Annexure A5 TRUE COPY OF THE PROCEEDINGS IN CC NO.
136/2020 THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR AVAILABLE IN THE E-COURTS