Sudheesh.V vs State Of Kerala
2022 Latest Caselaw 2692 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MRS. JUSTICE MARY JOSEPH
         FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                            CRL.A NO. 235 OF 2022

AGAINST THE ORDER IN CRL.M.P. NO.518/2022 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - I, KASARAGOD.

CRIME NO.79/2022 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT.
APPELLANT/ACCUSED:

             SUDHEESH V.,
             AGED 22 YEARS, S/O. VISWAMBARAN S.,
             OLD PAMBANAR ESTATE, PAMBANAR ESTATE,
             IDUKKI, KERALA.

             BY ADVS.
             G.RANJU MOHAN
             M.SANTHI (K/868/2011)



RESPONDENTS/STATE/COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM, PIN - 682 031

     2       XXX

             SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 11.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                               -2-
CRL.A NO. 235 OF 2022


                         JUDGMENT

This appeal is filed against an order passed by

Additional Court of Sessions-I, Kasaragod in

Crl.M.P.No.518/2022 in Crime No.79/2022 of Hosdurg Police

Station. The appellant had moved an application under

Section 439 of the Code of Criminal Procedure seeking

regular bail in the above crime. The crime was registered for

offences punishable under Sections 450, 376(2) and 354 of

the Indian Penal Code and Section 4 read with Section 3(a)

of the POSCO Act and Section 3(1)W(i) of SC/ST (POA)

Amendment Act.

2. The case of the prosecution was that a minor girl,

aged 16 years, belongs to Scheduled Tribe, and staying in

post-metric hostel functioning under Tribal Development

was subjected to rape by the appellant at 11.00 p.m. on

02.01.2022. The appellant trespassed into Tribal Hostel

where the victim was staying and committed penetrative

sexual assault on her. The application seeking regular bail

was dismissed by the court for it's apprehension that on

CRL.A NO. 235 OF 2022

being released on bail, the appellant would intimidate and

influence the witnesses. The chances of absconding was also

found as a reason for declining bail to the appellant. The

learned Public Prosecutor has submitted that the final report

is already laid. The offences involved being grave and

committed on a minor girl, this Court is hesitant to allow the

appeal and to grant bail.

Crl. Appeal fails and is dismissed.

Sd/-

MARY JOSEPH JUDGE bpr