Kerala High Court
Xx vs 1. The State Of Kerala, ... on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
BAIL APPL. NO. 4627 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1260/2022 OF ADDITIONAL
DISTRICT COURT, THRISSUR
[CRIME NO.377/2022 OF KODUNGALLUR POLICE STATION]
PETITIONER/SOLE ACCUSED:
XXXXXX
BY ADV K.RAJESWARY
ANILPRABHA K
RESPONDENT/COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
ERNAKULAM-682031
2 XXXX (VICTIM)
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. 4627 OF 2022
2
BECHU KURIAN THOMAS, J
...........................................
B.A.No.4627 of 2022
.....................................
Dated this the 24th day of June, 2022
ORDER
This is an application for regular bail filed under Section
439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the accused in Crime No.377 of 2022 of
Kodungallur Police Station registered for the offences
punishable under Sections 354A, 354A(1)(i) and 376(2)(n)(i)
of the Indian Penal Code, 1860 and also under Section 6
r/w Section 5(l)(m), Section 4 r/w Section 3(b) and Section
8 r/w Section 7 of the Protection of Children from Sexual
Offences Act, 2012.
3. The prosecution case is that, on 08.10.2015 the victim, who
is the daughter of petitioner's friend, was subjected to
penetrative sexual assault while she was studying in the 5 th
standard and thereafter, on 25.02.2022, petitioner
committed sexual assault on the victim by rubbing in
between the thighs of the victim and thus committing the
offences alleged against him.
BAIL APPL. 4627 OF 2022
4. Smt.K.Rajeswary, the learned counsel for the petitioner,
submitted that the entire prosecution case is false and the
allegations against the petitioner are raised due to certain
ulterior motives and that petitioner is innocent of the
allegations. It was pointed out that petitioner was arrested
on 06.04.2022 and that even though this Court had
dismissed B.A.No.3788/2022, the present application is filed
due to change of circumstances, especially on account of
the lapse of almost 20 days. It was further submitted that
petitioner is a family man, who has daughters of the same
age as the victim and that the allegations are totally false
and without any basis.
5. Smt.Nima Jacob, the learned Public Prosecutor on the other
hand vehemently opposed the grant of bail and submitted
that the petitioner is a threat to the victim and, therefore,
bail ought not to be granted.
6. A perusal of the case diary reveals that the medical report
shows no evidence of sexual assault. However, despite the
existence of other materials including the statement of the
victim to connect the petitioner with the crime, I am
satisfied that the continued detention of the petitioner is
BAIL APPL. 4627 OF 2022
not warranted. Therefore, the petitioner is entitled to be
released on bail.
7. In the result, this application is allowed on the following
conditions:-
(i) Petitioner shall be released on bail on his 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.
(ii) Petitioner shall appear before the Investigating Officer as and
when required;
(iii) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence or contact the
victim or her family members;
(iv) Petitioner shall not commit any offence while he is on bail.
(v) Petitioner shall not leave India without the permission of the
Court having jurisdiction.
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.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/24/06//2022
