Kerala High Court
Xxx vs State Of Kerala on 25 January, 2022
CRL.A NO. 14 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
CRL.A NO. 14 OF 2022
CRIME NO.820/2021 OF Mannar Police Station, Alappuzha
AGAINST THE ORDER IN CRL.M.P 2729/2021 OF SPECIAL COURT UNDER
POCSO ACT, ALAPPUZHA
APPELLANT/PETITIONER:
XXX
AGED 21 YEARS
XXX
BY ADVS.
G.BENO
RAJI S.
GIRIJA N.
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
Addl.R2 XXX
(DE-FACTO COMPLAINANT/VICTIM AS ADDITIONAL R2)
ADDL.R2 IMPLEADED AS PER ORDER DATED 18.1.2022 IN
CRL.M.A NO.1/2022
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SMT.AMBIKA DEVI S, SPL.G.P. (ATROCITIES AGAINST
WOMEN AND CHILDREN AND WELFARE OF W AND C)(GP-38)
BY SMT.SHEEBA THOMAS - PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.A NO. 14 OF 2022 2
JUDGMENT
This is an appeal filed under Section 14A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Amendment
Act, 2015 against the order passed by the Special Court for Trial of
Offences Relating to Atrocities Against Women and Children
including POCSO Cases (Additional Sessions Court I), Alappuzha in
Crl.M.P.No.2729/2021 whereby an application filed by the
appellant for regular bail under Section 439 Cr.P.C was dismissed.
2. The appellant is the 1st accused in Crime No.820/2021
of Mannar Police Station.
3. The offences alleged against the appellant are under
Sections 363, 366, 370(4), 370A(1), 344, 354A(i), 354A(2), 376,
376(2)(h)(n) and 450 of IPC, Section 4 r/w 3(a), 6 r/w 5(j)(ii), 5(l),
5(q), 12 r/w 11(iv) and 21(1) of the Protection of Children from
Sexual Offences Act and Sections 3(1)(w)(i) and 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015.
4. The prosecution case in short is that the appellant, who
is not a member of the Scheduled Caste/Scheduled Tribe,
kidnapped the minor victim, who is a member of the Scheduled
Caste from the legal guardianship of her parents and committed
rape and penetrative sexual assault upon her repeatedly, for the
period from 17.2.2021 to 15.6.2021.
5. The appellant moved an application for bail before the
Special Court for Trial of Offences Relating to Atrocities Against
Women and Children including POCSO Cases (Additional Sessions
Court I), Alappuzha. The Special Court vide Annexure A1 order
dismissed the said application. The said order is under challenge
in this appeal.
6. I have heard Sri.Gopalan Beno, the learned counsel for
the appellant and Smt.Sheeba Thomas, the learned Public
Prosecutor.
7. The learned counsel for the appellant submitted that the
appellant is absolutely innocent of the crime and he has been
falsely implicated in the crime. He submitted that the appellant is
in custody since 25.10.2021 and the investigation is over. Per
contra, the learned Public Prosecutor submitted that there are
prima facie materials to show the involvement of the appellant in
the crime and the offences alleged are serious in nature.
8. A perusal of the case diary would show that the victim at
the time of offence was aged 16 years. However, the case of the
appellant is that they were in love and they have decided to
marry. According to him, the sex was consensual in nature. The
investigation of the case is over and charge sheet has already been
filed. In these circumstances, I am of the view that the further
detention of the appellant is not necessary.
Hence, the Crl.Appeal is allowed and the bail is granted to
the appellant on the following conditions:
(i) The appellant shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh
only) with two solvent sureties for the like sum each to
the satisfaction of the jurisdictional Magistrate/Court.
(ii) The appellant shall not enter into the police
station where the victim resides, without the
permission of the court.
(iii) The appellant shall not make any attempt to
contact any of the prosecution witnesses, directly or
through any other person, or any other way try to
tamper with the evidence or influence any witnesses or
other persons related to the investigation.
(iv) The appellant shall not leave State of Kerala
without the permission of the trial Court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
APPENDIX OF CRL.A 14/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 22.12.2021
OF THE HON'BLE ADDITIONAL SSSSIONS COURT-
1 (POCSO) ALAPPUZHA IN CRL MP
NO.2729/2021.
RESPONDENTS ANNEXURES : NIL
