Kerala High Court
Chandrasekharan vs Xxxxxx on 14 July, 2025
2025:KER:51640
CRL.A NO. 857 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.A NO. 857 OF 2025
CRIME NO.1355/2024 OF Kodungallur Police Station, Thrissur
AGAINST THE ORDER DATED 05.05.2025 IN CRL.MP NO.78 OF 2025 IN
SC NO.1523 OF 2024 OF FAST TRACK SPECIAL COURT, KODUNGALLUR
APPELLANT/PETITIONER/ACCUSED:
CHANDRASEKHARAN, AGED 52 YEARS
S/O. VELAYUDHAN NAIR, KOORIKKAL HOUSE,
MADATHUMPADI DESOM, MADATHUMPADI VILLAGE,
KODUNGALLUR TALUK, THRISSUR DISTRICT., PIN - 680733
BY ADV SRI.NIREESH MATHEW
RESPONDENT/RESPONDENT/DE FACTO COMPLAINANT & STATE:
1 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031
BY ADV SRI.M.R.JAYAPRASAD
SRI VIPIN NARAYAN A,SR.PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:51640
CRL.A NO. 857 OF 2025 2
JUDGMENT
This appeal has been filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act'), challenging the order dated 05.05.2025 on the file of the Fast Track Special Court, Kodungallur in Crl.M.P. No.78 of 2025, rejecting the application filed by the appellant for regular bail in S.C.No.1523 of 2024 on the file of the Fast Track Special Court, Kodungallur. S.C.No.1523 of 2024 arises from Crime No.1355 of 2024 of Kodungallur Police Station, which has been registered alleging commission of offences under Under Sections 363, 376(2)
(a)(f)(n), 376(3), 354, 354-A (D)(i)(iii) r/w 354-A(2), 354-B, 354-D(ii) r/w 354-D(2), 201 1PC and S.3(a)(c) r/w S.4(i), 5(a) (ii)(iii)(iv) r/w 6(1), 5(l)(p) r/w 6(1), S.9(a)(ii) (iii)(iv) r/w Sec.10, 9(c),(l),(p) r/w S.10, S.11(iv) r/w S.12 PoCSO and S.3(2)(v) of SC/ST Act.
2. The allegation against the appellant is that the appellant [who is not a member of any of the Scheduled Castes or Scheduled Tribes] had, while working as a 2025:KER:51640 CRL.A NO. 857 OF 2025 3 Student Police Cadet instructor, committed aggravated penetrative sexual assault on the victim, sometime in November 2022. The victim was allegedly a minor who was undergoing training under the appellant.
3. The learned counsel appearing for the appellant submits that the appellant was arrested on 26.09.2024, and he has been in custody from that date. It is submitted that there is an inordinate delay in registering the complaint against the appellant. It is submitted that the investigation has been completed and a final report has already been filed in the matter, and the matter is now pending as S.C. No.1523 of 2024 on the file of the Fast Track Special Court, Kodungallur. It is submitted that there is no possibility of the trial being commenced immediately as the report of the Forensic Science Laboratory is still awaited. It is submitted that the appellant may, therefore, be granted bail subject to conditions.
4. The learned Public Prosecutor and the learned counsel appearing for the victim submit that the appellant is not entitled to bail. It is pointed out that the appellant is 2025:KER:51640 CRL.A NO. 857 OF 2025 4 a Police Officer, and the allegation is that he had committed aggravated penetrative sexual assault on the minor victim at a time when she was only 14 years of age. It is submitted that since the appellant is a Police Officer, he may be in a position to influence the witnesses, and this is a fit case where the appellant has to face trial as an under-trial prisoner. The learned Public Prosecutor confirms that the appellant has been in custody since 26.09.2024. It is also pointed out that the investigation revealed that there are sufficient materials for establishing the case against the appellant. It is also pointed out that this Court had dismissed the applications filed earlier by the appellant [orders on record as Annexures 1 and 3] and there is no change of circumstances entitling the appellant to seek bail.
5. Having heard the learned counsel for the appellant, the learned Public Prosecutor, and the learned counsel appearing for the victim, I am of the opinion that the appellant can be granted bail subject to conditions on the short ground of long incarceration as an under-trial 2025:KER:51640 CRL.A NO. 857 OF 2025 5 prisoner. While the learned Public Prosecutor and the learned counsel for the victim may be right in contending that the appellant, being a Police Officer, deserves no leniency, I am of the opinion that continuing the appellant in custody as an under-trial prisoner may not be justified, especially when it is clear that the trial cannot be commenced in the near future on account of the fact that there will be further delay in obtaining the FSL report. The apprehension of the learned Public Prosecutor and the learned counsel for the victim that the appellant may be in a position to influence witnesses, etc., can be taken care of by imposing suitable conditions.
Accordingly, the Criminal Appeal is allowed, and the appellant is directed to be released on bail subject to the following conditions:
(i) The appellant shall execute a 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 appear before the Station 2025:KER:51640 CRL.A NO. 857 OF 2025 6 House Officer, Kodungallur Police Station, as and when called upon to do so;
(iii) The appellant shall not intimidate the victim or shall not in any manner establish any contact with the victim, and shall not in any manner act in prejudice to the interests of the victim or other family members of the victim in Crime No.1355 of 2024 of Kodungallur Police Station;
(iv) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(v) The appellant shall not tamper with any evidence in the case;
(vi) 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 said court within seven days of release on bail;
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(vii) The appellant shall not enter the local limits of the Thrissur District until further orders, except for attending the trial in S.C.No.1523 of 2024 or for appearance before any other court or authorities based on any notice that may be issued to the appellant ;
(viii) The appellant shall not commit any offence while on bail.
If any of the aforesaid conditions are violated, the Station House officer, Kodungallur Police Station, may apply to the jurisdictional court for cancellation of bail. The Joint Director, Regional Forensic Science Laboratory, Thrissur, shall ensure that the FSL report is made available to the trial court at the earliest and without further delay.
Sd/-
GOPINATH P. JUDGE ajt/DK 2025:KER:51640 CRL.A NO. 857 OF 2025 8 APPENDIX OF CRL.A 857/2025 PETITIONER ANNEXURES Annexure 1 TRUE PHOTOCOPY OF THE ORDER DATED 21.11.2024 IN CRL.APPEAL NO. 2083/2024 Annexure 2 TRUE PHOTO COPY OF THE ORDER PASSED BY THE COURT OF SPECIAL JUDGE, FAST TRACK SPECIAL COURT, KODUNGALLUR IN CRL.M.P.NO. 292/2024 IN S.C NO.1523/2024 DATED 12.12.2024 Annexure 3 TRUE PHOTO COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN CRIMINAL APPEAL NO. 2433/2024 DATED 15.01.2025