Kerala High Court
Xxx vs State Of Kerala on 11 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
BAIL APPL. NO. 7936 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1548/2021 OF ADDITIONAL DISTRICT
COURT, THRISSUR, THRISSUR
CRIME NO.782/2021 OF MANNUTHY POLICE STATION, THRISSUR DISTRICT
PETITIONER/ACCUSED:
SURESH KUMAR.T.
AGED 50 YEARS
S/O PRABHAKARAMENON,
KADANGOTT HOUSE, JANAPATH ROAD, MULAYAM VILLAGE,
AYYAPPANKAVU DESOM, THRISSUR TALUK, THRISSUR DISTRICT.
BY ADV RAJIT
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
OTHER PRESENT:
SMT. SEETHA .S. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.11.2021, ALONG WITH Bail Appl..8043/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.7936/2021, 8043/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
BAIL APPL. NO. 8043 OF 2021
CRIME NO.781/2021 OF MANNUTHY POLICE STATION, THRISSUR DISTRICT
PETITIONER/ACCUSED:
XXX
AGED 50 YEARS
X
BY ADV RAJIT
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
AT ERNAKULAM.
SRI.C.N.PRABHAKARAN (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.11.2021, ALONG WITH Bail Appl..7936/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.7936/2021, 8043/2021
3
ORDER
These are applications for anticipatory bail. The petitioner is common
in both cases.
2. The petitioner is the accused in Crime No.781/2021 of
Mannuthy Police Station, Thrissur District alleging commission of offences
under Sections 354(A),(l)(i) and 506 of the Indian Penal Code and Section
8 r/w 7, 10 r/w 9(n) of the POCSO Act and Section 75 of the Juvenile
Justice (Care and Protection of Children) Act. He also the accused in Crime
No.782/2021 of Mannuthy Police Station alleging commission of offences
under Sections 354(A) and 506 of the Indian Penal Code and Section 8 r/w
7, 10 r/w 9(n) of the POCSO Act and Section 75 of the Juvenile Justice
(Care and Protection of Children) Act. These cases are intrinsically
connected and are hence disposed of by common order.
3. The petitioner is closed relative to the victims in these cases. He
is the brother-in-law of their mother. It is alleged that the petitioner had
inappropriately touched and fondled the victims in these cases and thereby
committed the offences as alleged against him.
4. The learned counsel for the petitioner would submit that the
Bail Appl. Nos.7936/2021, 8043/2021
petitioner is absolutely innocent in the matter. He submits that the
complaint has been filed by the victim girls at the instance of their grand
parents who are on inimical terms with the petitioner.
5. The learned Public Prosecutor submits that there are clear
allegations of sexual abuse and the full picture can be ascertained only after
thorough investigation. He submits that the grant of anticipatory bail, at
this stage, may interfere with the investigation.
6. Having regard to the facts and circumstances of the case and the
nature of the allegations against the petitioner, I am of the view that the
petitioner is entitled to anticipatory bail both in Crime No.781/2021 of
Mannuthy Police Station and in 782/2021 of the very same police station
subject to conditions. I hold so considering the fact that in the nature of the
allegation in these cases, the custodial interrogation of the petitioner may
not be necessary.
7. In the result, this application is allowed and it is directed that
the petitioner shall be released on anticipatory bail in the event of arrest in
connection with Crime Nos.781/2021 and 782/2021 of Mannuthy Police
Station, Thrissur District, subject to the following conditions:-
(i) Petitioner shall execute a bond for a sum of Rs.50,000/-
Bail Appl. Nos.7936/2021, 8043/2021
(Rupees fifty thousand only) with two solvent sureties for the
like sum to the satisfaction of the Jurisdictional Court: It is
made clear that the petitioner shall execute separate bonds in
each of the cases.
(ii) Petitioner shall appear before the investigating officer in Crime
Nos.781/2021 and 782/2021 of Mannuthy Police Station,
Thrissur District as and when summoned to do so;
(iii) Petitioner shall not attempt to contact the victims or the de-
facto complainant or to interfere with the investigation or to
influence or intimidate any witness in Crime Nos.781/2021 and
782/2021 of Mannuthy Police Station, Thrissur District;
(iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime Nos.781/2021 and 782/2021 of Mannuthy Police Station,
Thrissur District may file an application before this Court, for cancellation
of bail.
Sd/-
GOPINATH P.
JUDGE
bng/11/11/21
