Devarajan vs State Of Kerala
2021 Latest Caselaw 8120 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

 TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                       CRL.A.No.88 OF 2021

  CRMP 90/2021 OF SPECIAL COURT UNDER POCSO ACT, ALAPPUZHA

CRIME NO.706/2020 OF Kanakakunnu Police Station , Alappuzha


APPELLANT/S:

               DEVARAJAN
               AGED 71 YEARS
               S/O. MADHAVAN, DWARAKAYIL, KANDALLOOR NORTH,
               KARTHIKAPALLY, ALAPPUZHA 690 527.

               BY ADV. SRI.MANSOOR.B.H.

RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM-682 031.

      2        DEPUTY SUPERINTENDENT OF POLICE
               DY.S.P. OFFICE, KAYAMKULAM-690 106.

      3        XXX
               X


OTHER PRESENT:

               SMT. M. K. PUSHPALATHA,SR.PP

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Case No. CRL.A.No.88   OF 2021

                                 -2-


                            JUDGMENT

The appellant is the accused in Crime No.706 of

2020 of Kanakakunnu Police Station registered for the

offences punishable under Sections 354, 354-A(1)(i), 354-

B and 376-AB IPC and Section 3(a) read with Sections 4,

4(1) and 7 read with Section 8 of the Protection of Children

from Sexual Offence Act, 2012 and Sections 3(2)(v) and

3(2)(va) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989. The appellant filed

Crl.M.P. No.90 of 2021 before the court below praying for

the relief under Section 439 Cr.P.C. The court below, as per

the order impugned, dismissed the application against

which this Criminal Appeal has been filed.

2. The prosecution allegation is that on a day after

Onam in 2020, the appellant committed penetrative sexual Case No. CRL.A.No.88 OF 2021

assault on the victim after removing her underwear.

3. The appellant was arrested on 28.12.2020 and

ever since, he has been in custody.

4. It has been submitted by the learned Public

Prosecutor that the major part of the investigation is almost

complete. The appellant is aged 71 years. The appellant is

not involved in any other offence, submitted by the learned

Public Prosecutor. Considering the facts and circumstances

of the case, I am of the view that the further detention of

the appellant is not necessary in this case. In the said

circumstances, I am inclined to grant bail to the appellant.

In the result, this Criminal Appeal stands allowed,

setting aside the order impugned and the appellant is

directed to be enlarged on bail on condition of the appellant

executing a bond for Rs.40,000/- (Rupees forty thousand Case No. CRL.A.No.88 OF 2021

only) with two solvent sureties, each for the like sum to the

satisfaction of the Special court concerned and subject to

the following further conditions:

(i) The appellant shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for one month and thereafter, as and when required by the Investigating Officer for interrogation.

(ii) The appellant shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(iii) The appellant shall not enter into the jurisdiction of Kanakakunnu Police Station for a period of two months without the leave of the learned Magistrate.

(iv) The appellant shall co-operate with the investigation. sd B. SUDHEENDRA KUMAR, JUDGE.

dl/ Case No. CRL.A.No.88 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE ORDER DATED 1.2.2021 IN CRL.M.P.NO.90/2021 OF SPECIAL COURT FOR TRIAL OF OFFENCES RELATING TO ATROCITIES AGAINST WOMEN & CHILDREN INCLUDING POCSO CASES (ADDITIONAL SESSIONS COURT-1), ALAPPUZHA.