Xxxxxx vs State Of Kerala
2022 Latest Caselaw 9820 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
                     BAIL APPL. NO. 6522 OF 2022
   AGAINST THE ORDER/JUDGMENT SC 813/2022 OF FAST TRACK SPECIAL
    COURT, TIRUR, [IN CRIME NO.338/2022 OF THIRURANGADI POLICE
                          STATION, MALAPPURAM]
PETITIONER/ACCUSED 1:

            XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX
            BY ADV NIREESH MATHEW


RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, ERNAKULAM, PIN - 682031

            BY ADV.K.A.NOUSHAD - PUBLIC PROSECUTOR


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6522 OF 2022

                                        2


                  BECHU KURIAN THOMAS, J.
                ===========================
                      B.A.No. 6522 of 2022
                ============================
                   Dated this the 29th day of August, 2022


                                    ORDER

This is an application seeking regular bail filed under Section 439

of the Code of Criminal Procedure, 1973.

2. Petitioner is the 1st accused in Crime No.338/2022 of the

Thirurangadi Police Station, Malappuram, now pending consideration as

S.C.No.813/2022, in the files of the Fast Track Special Court, Tirur,

alleging offences under Sections 363 and 377 of the Indian Penal Code,

1860, apart from Section 6(1) r/w Section 5(l), Section 6(1) r/w Section

5(m), Section 21(1) r/w Section 19(1) of the Protection of Children from

Sexual Offences Act, 2012.

3. The prosecution case is that the petitioner committed

unnatural penetrative assault, against the order of the nature, on a minor

boy, aged 10 years.

4. Shri.Nireesh Mathew, the learned counsel for the petitioner

contended that the entire prosecution allegations are false and that the

incident as alleged had not occurred.

BAIL APPL. NO. 6522 OF 2022

5. Shri.Noushad K.A., the learned Public Prosecutor opposed

the grant of bail and contended that the petitioner is alleged to have

committed a heinous crime and that the release of the petitioner on bail

would cause great prejudice to the prosecution case and would also act

as a threat or intimidation to the victim.

6. I have gone through the statement of the victim and I have

appreciated the contentions of the learned counsels.

7. Considering the nature of allegations against the petitioner

and taking note of the fact that the victim is only 10 years in age, the

apprehension expressed by the prosecution cannot be said to be without

any basis.

8. Taking note of the aforesaid circumstances, I am of the view

that this is not a fit case where the petitioner can be released on bail

pending trial.

Accordingly, this bail application is dismissed.

BECHU KURIAN THOMAS JUDGE ssa/