Kerala High Court
Sunilakumar vs State Of Kerala on 8 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8227 OF 2025
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2025:KER:49873
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
BAIL APPL. NO. 8227 OF 2025
CRIME NO.308/2025 OF WADAKKANCHERY POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CR NO.308 OF 2025 OF
ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR
PETITIONER/ACCUSED:
SUNILAKUMAR
AGED 53 YEARS
S/O.KOCHUKUTTAN, VAROTTIL HOUSE,
VIRUPAKKA VILLAGE, THALAPPILLY TALUK,
THRISSUR, PIN - 680589
BY ADVS.
SHRI.DIJOHNS VARGHESE V.
SMT.KASHMEERA ASHRAF
SHRI.SUMAN K.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
WADAKKANCHERY PS ,THRISSUR CITY, KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8227 OF 2025
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2025:KER:49873
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8227 of 2025
...................................................
Dated this the 8th 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.308/2025 of Wadakkanchery Police Station registered for the offences punishable under Sections 7, 8, 9m, 10, 11(i), 11(iii) and 12 of the Protection of Children from Sexual Offences Act (Amended), 2012.
3. The prosecution case is that, sometime in February 2023 petitioner had showed obscene videos to the victim, who is a 12 year old boy and compelled him to hold his genital organs and thereby committed the offences alleged. Petitioner was arrested on 04.04.2025 and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned Counsel for the petitioner contended that the prosecution allegations are false and that since petitioner has been in custody from 04.04. 2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted BAIL APPL. NO. 8227 OF 2025 3 2025:KER:49873 that petitioner ought not to be released on bail.
7. Petitioner is alleged to have sexually assaulted a minor boy in the year 2023. The complaint was registered only on 04.04.2025 after a Counselling session in the school during which the victim revealed the incident. The final report in the instant case has already been filed.
8. Though the allegations are serious in nature, and the petitioner has been in custody from 04.04.2025, I am of the view that the continued detention is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail. However, strict conditions must be imposed since the petitioner is the neighbour of the victim.
9. 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 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 limits of Wadakkanchery Police Station, until conclusion of trial.
(f) Petitioner shall not interact with the victim or his family members.
(g) Petitioner shall not leave the country without the permission of the jurisdictional Court.
BAIL APPL. NO. 8227 OF 2025 4 2025:KER:49873 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 AMV/08/07/2025 BAIL APPL. NO. 8227 OF 2025 5 2025:KER:49873 APPENDIX OF BAIL APPL. 8227/2025 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.
308/2025, DATED 04/04/2025 OF WADAKKANCHERY POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CMP NO.2439/2025 DATED 29/05/2025 OF ADDITIONAL SESSIONS COURT, THRISSUR.
ANNEXURE A3 THE TRUE COPY OF THE PRESCRIPTION SLIP FROM THE FAMILY HEALTH CENTRE THEKKUMKARA DATED 27/04/2024.