Xxxxxx vs State Of Kerala
2022 Latest Caselaw 6673 Ker

BAIL APPL. NO. 4210 OF 2022
                                     1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                       BAIL APPL. NO. 4210 OF 2022
 AGAINST THE ORDER/JUDGMENT IN CRMP 1006/2022 OF ADDITIONAL DISTRICT
         COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AG


            (CRIME NO.299/2022 OF NEDUMANGAD POLICE STATION)
PETITIONER/S:

             XXXXXXXXXX
             XXXXXXXXXX XXXXXXXXXX
             BY ADVS.
             R.SUNIL KUMAR
             A.SALINI LAL


RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
             KOCHIN, PIN - 682031
     2       XXXXXXXXXX
             XXXXXXXXXX XXXXXXXXXX
             BY ADV PUBLIC PROSECUTOR


OTHER PRESENT:

             SR,PP SRI.NOUSHAD K.A


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4210 OF 2022
                                         2

                     BECHU KURIAN THOMAS, J.
                 ======================
                         B.A.No.4210 of 2022
                  ------------------------------------------
                        Dated this the 9th day of June, 2022

                                      ORDER

This is an application for regular bail under Section 439 of the

Code of Criminal Procedure, 1973.

2. Petitioner is the sole accused in Crime No.299/2022 of

Nedumangad Police Station. The offences alleged against the

petitioner are under Sections 341, 363, 450, 376, 376(2)(f), 376(2)

((n),376(2)(i),506(i) of the Indian Penal Code, 1860 and Sections 4

r/w3(a) & (b), 6 r/w 5, 5(I), 5 (m), 5(n) of the Protection of Children

from Sexual Offences Act, 2012.

3. The prosecution allegation is that petitioner trespassed

into the house of the minor survivor, some time in May 2016 as well

as on few other days in July 2016 and subjected the minor girl of 12

years to repeated penetrative sexual assault and thereby committed

offences alleged.

4. Sri.R.Sunil Kumar, learned counsel for the petitioner

vehemently contended that the petitioner was arrested on

28.02.2022 and has been in custody till date. He further submitted BAIL APPL. NO. 4210 OF 2022

that the offences alleged against the petitioner were due to enmity

and that circumstances do not warrant any further detention.

5. Sri.K.A.Noushad, learned Public Prosecutor, on

instructions submitted that the offences are serious in nature and

circumstances do not warrant enlargement of the petitioner on bail,

especially since the petitioner may intimidate the victim.

6. After appreciating the contentions raised by the learned

Counsel for the petitioner and the learned Public Prosecutor, and on

perusal of FIR and FI statement, I am satisfied that the offences

alleged against the petitioner are serious in nature and the

circumstances do not warrant enlargement of the petitioner on bail.

Considering the close relationship of the petitioner with the victim,

the doubt of the prosecution that the petitioner may intimidate the

victim and other witnesses cannot be said to be baseless.

In such circumstances, I am not inclined to allow this

application. Accordingly, this bail application is dismissed.

sd/

BECHU KURIAN THOMAS JUDGE jm/