Xxxxxx vs State Of Kerala
2022 Latest Caselaw 7247 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                    BAIL APPL. NO. 4405 OF 2022
    [AGAINST THE ORDER/JUDGMENT IN CRMC 724/2022 OF ADDITIONAL
    DISTRICT COURT (ADHOC), THALASSERY IN CRIME NO.386/2022 OF
           TALIPARAMBA POLICE STATION, KANNUR DISTRICT]
PETITIONER/ACCUSED:

            XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX

            BY ADVS.
            V.A.SATHEESH
            V.T.MADHAVANUNNI
            ANAND V.S


RESPONDENT/COMPLAINANT:

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


            BY PP - SMT.NIMA JACOB


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4405 OF 2022

                                        2


                    BECHU KURIAN THOMAS, J.
                  ===========================
                        B.A.No. 4405 of 2022
                  ============================
                      Dated this the 23rd day of June, 2022


                                      ORDER

This is an application seeking regular bail under Section 439 of

Code of Criminal Procedure, 1973.

2. Petitioner is the accused in Crime No.386/2022, on the files

of the Taliparamba Police Station, Kannur district, alleging offences

under Sections 376(2)(f)(n) and 376(3) r/w Section 370(4) of the Indian

Penal Code and Section 5(l)(n) r/w Section 6, Section 9(l)(n)(p) r/w

Section 10, Section 11(ii) r/w Section 12 and Section 16(3) r/w Sections

17 and 21(l) of the Protection of Children from Sexual Offences Act,

2012.

3. The prosecution case is that during the vacation period in

2019 onwards, till 18.02.2022, petitioner, who is the uncle of the victim

committed penetrative sexual assault after forcing her to consume beer.

The victim being aged only 15 years, the prosecution alleges that the

petitioner has committed the offences.

4. Shri.V.A.Satheesh, learned counsel for the petitioner BAIL APPL. NO. 4405 OF 2022

submitted that the allegations raised against the petitioner are totally

false and that he is innocent. It was also pointed out that petitioner was

arrested on 19.03.2022 and has been custody since then. The learned

counsel also pointed out that petitioner is willing to abide by the condition

that may be imposed.

5. Smt.Nima Jacob, the learned Public Prosecutor opposed the

grant of bail and pointed out that if the petitioner is released, there is

every chance that he may threaten the victim and interfere with the due

course of justice, especially due to the relationship.

6. Taking note of the close relationship between the petitioner

and the victim, I am of the view that there is every possibility that the

victim could be intimidated or threatened by the petitioner. The offence

alleged is grave and the victim is only 15 years. The petitioner being the

uncle of the victim, releasing the petitioner on bail at this juncture would

cause prejudice to the prosecution case.

Accordingly, I dismiss this application.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/