Xxxxxx vs Xxxxxx
2022 Latest Caselaw 7258 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. 4618 OF 2022
   AGAINST THE ORDER/JUDGMENT IN SC 1306/2021 OF FAST TRACK
SPECIAL COURT, PERINTHALMANNA ARISING OUT OF CRIME NO.301/2021
           OF THE KOLATHUR POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED:

                  XXXXXXXXXX
                  XXXXXXXXXX XXXXXXXXXX
                  BY ADVS.
                  NIRMAL V NAIR
                  ARATHI PRABHAKARAN


RESPONDENTS/STATE AND VICTIM:

       1          STATE OF KERALA,
                  REPRESENTED BY ITS PUBLIC PROSECUTOR,
                  HIGH COURT OF KERALA,
                  KOCHI - 682 031
       2          XXX XXX


                  PP SRI.NOUSHAD K.A



THIS       BAIL     APPLICATION   HAVING   COME   UP   FOR   ADMISSION   ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. 4618/2022
                                              2



                            BECHU KURIAN THOMAS, J
                          ...........................................
                                B.A.No.4618 of 2022
                             .....................................
                       Dated this the 23 rd 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 accused in S.C.No.1306/2021 on the files of

the Fast Track Special Court, Perinthalmanna, arising out of

Crime No.301 of 2021 of Kolathur Police Station. The crime

was registered alleging offences punishable under Sections

376(2),(f) and 376(3) of the Indian Penal Code 1860 as well

as Sections 75 of the Juvenile Justice (Care and Protection of

Children) Act, 2015; and also under Sections 5(n) r/w 6(l) of

the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case is that, petitioner who is the elder

brother of the 14 year old victim, subjected her to

aggravated penetrative sexual assault in April 2020.

4. Sri.Nirmal V.Nair, the learned counsel for the petitioner,

submitted that petitioner was arrested on 17.08.2021 and has

been in custody since then and that the final report has

already been filed. He further submitted that in view of the BAIL APPL. 4618/2022

long period of detention, petitioner ought to be released on

bail.

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

hand vehemently opposed the grant of bail and submitted

that petitioner has indulged in a very heinous crime and also

has criminal antecedents as he is involved in other cases

including a crime registered under the Narcotic Drugs and

Psychotropic Substances Act, 1985.

6. Considering the nature of offences committed by the

petitioner and also his criminal antecedents, release of the

petitioner on bail at this juncture, when the trial is

continuing, will prejudice the trial. Since the petitioner is

the elder brother of the victim and he is alleged to have

committed the offence of rape on another sister also compels

this Court to deny bail to petitioner. In such a view of the

matter, I am not inclined to allow this application.

Accordingly, this application is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/23/06//2022