Xxx vs State Of Kerala
2021 Latest Caselaw 18362 Ker

Citation : 2021 Latest Caselaw 18362 Ker
Judgement Date : 7 September, 2021

Kerala High Court

Xxx vs State Of Kerala on 7 September, 2021

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MRS. JUSTICE M.R.ANITHA
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                         BAIL APPL. NO. 6374 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 202/2021 OF SPECIAL COURT UNDER
                       POCSO ACT, KOZHIKODE, KOZHIKODE
PETITIONER(S)/ACCUSED(S)

             XXX


             BY ADV M.S.AMAL DHARSAN


RESPONDENT

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM 682 018.


             PUBLIC PROSECUTOR SEETHA.S



    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 BA.6374 of 2021
                                         2


                                    ORDER

Dated : 7th September, 2021

1. Petitioner is the sole accused in Crime No.720 of 2021 of

Thamarassery Police station, Kozhikode, which is registered under

Sections 363, 354A, 354, 109 IPC and Section 8 r/w 7, 10 r/w 9(f),

9(l), 9(p), 17 r/w 16 of the POCSO Act and Section 75 of the

Juvenile Justice (Care and Protection of Children) Act, 2015 (in

short, JJ Act).

2. Prosecution allegation is that on 26.12.2019, petitioner after the

practice session took the de facto complainant and four other

students to the house at Nellipoyil where the students used to stay

during the practice. Petitioner at about 12.30 pm during night

called the de facto complainant to the hall in the house and asked

her to massage his head and while the de facto complainant was

doing so, the petitioner had sexually assaulted her, thereby the

accused committed the offence aforementioned. Petitioner was

arrested on 23.7.2021 and thereafter he has been under

confinement. Taking into account the period of confinement

already undergone by the petitioner, the learned counsel seeks

grant of bail to the petitioner.

BA.6374 of 2021

3. The learned Public Prosecutor on the other hand vehemently

objects in considering the petition in view of the fact that two

other crimes, Crime No.780/2021 of Thenjipalam police station and

Crime No.17/2015 of Kodencherry police station, are pending

against him apart from Crime No.788/2021 of Thamarassery police

station. Formal arrest of the petitioner was effected in this case on

23.7.2021 and thereafter he has been under confinement. The

learned Public Prosecutor produced copy of FIR and FIS and

vehemently objects in considering the bail application for the

reason that other crimes are also pending against the petitioner.

4. Petitioner on the other hand produced the medical records of his

father to show that his father is in the advanced stage of cancer.

Copy of the medical records issued from the MVR cancer centre

and Research Institute dated 11.7.2019 and 12.10.2019 would

show that his father is undergoing treatment for CA prostates.

Petitioner is said to be the only son of the father also. Petitioner's

counsel also produced Annexure-A1 to A3 to show the academic

activities of the petitioner.

5. Taking into account the totality of the facts and circumstances and

the gravity of the offence alleged to have been committed by the

petitioner, especially due to the fact that he has been under BA.6374 of 2021

confinement from 23.7.2021 in this case, I am inclined to grant

bail to the petitioner on the following conditions:

i. Petitioner shall execute bond for a sum of Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court;

ii. He shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months or until final report is filed whichever is earlier.

iii. He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;

iv. He shall not try to contact or influence the witnesses or tamper with the evidence;

v. He shall not involve in any crime during the period on bail.

vi. If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.