Kerala High Court
Xxxxxx vs State Of Kerala on 29 August, 2022
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. 6507 OF 2022
[AGAINST THE ORDER/JUDGMENT SC 815/2022 OF FAST TRACK SPECIAL
COURT, TIRUR, IN CRIME NO. 337/2022 OF THIRURANGADI POLICE
STATION, MALAPPURAM]
PETITIONER:
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.M.K.PUSHPALATHA - 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. 6507 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
B.A.No. 6507 of 2022
============================
Dated this the 29th day of August, 2022
ORDER
This is an application seeking regular bail filed under Section
439 of Code of Criminal Procedure, 1973.
2. Petitioner is the 1st accused in Crime No.337/2022 of the
Thirurangadi Police Station, Malappuram, now pending consideration
as S.C.No.815/2022, on the files of the Fast Track Special Court,
Tirur. The offences alleged against the petitioner are under Section
363 of the Indian Penal Code, 1860, Section 10 r/w Section 9(l)(m)
and Section 21(1) r/w Section 19(l) of the Protection of Children
from Sexual Offences Act, 2012.
3. The prosecution case is that the victim, who is a boy of
13 years, was subjected to sexual assault by the accused by
compelling him to catch hold of his penis and thereby, committed
the offences alleged.
BAIL APPL. NO. 6507 OF 2022
4. Shri.Nireesh Mathew, the learned counsel for the
petitioner contended that the entire allegations are false and the
incident as alleged has not occurred. It was further submitted that
since the final report has already been filed and the arrest was
recorded on 23.05.2022, the continued detention is not warranted.
5. Smt.M.K.Pushpalatha, the learned Public Prosecutor
opposed the grant of bail and contended that heinous offences are
alleged against the petitioner and hence, he should not be released
on bail.
6. A perusal of the case diary reveals that, prima facie,
there are materials on record to connect the petitioner with the
crime. However, since petitioner was remanded to judicial custody on
23.05.2022, I am of the view that the continued detention of the
petitioner is not required in the circumstances of the case, more so
since the investigation is over and the final report has already been
filed. Therefore, the petitioner is entitled to be released on bail.
7. In the result, this application is allowed on the following
conditions:-
BAIL APPL. NO. 6507 OF 2022
(a) Petitioner shall be released on bail on him executing
a bond for Rs.50,000/- (Rupees Fifty thousand only) with
two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not interact with the victim or his
family members.
(d) Petitioner shall not commit any similar offences while
he is on bail.
(e) Petitioner shall not enter into the limits of
Thirurangadi Police Station
(e) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
8. In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application
for cancellation, if any, and pass appropriate orders in accordance
with the law, notwithstanding the bail having been granted by this
Court.
BECHU KURIAN THOMAS
JUDGE
ssa/
