Abhinav vs State Of Kerala
2022 Latest Caselaw 5407 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
      FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                      BAIL APPL. NO. 3577 OF 2022
       CRIME NO.462 OF 2022 OF KADUTHURUTHI POLICE STATION
PETITIONER/ACCUSED:

          ABHINAV
          AGED 20 YEARS
          S/O. ARAVINDAKSHAN, MANIKKOTH HOUSE, NEAR MANNUR L.P.
          SCHOOL, ADUKATH P.O, KUTTYADI, VADAKARA TALUK,
          KOZHIKODE DISTRICT, PIN - 671541

          BY ADVS.
          M.ANUROOP
          SHIJU PUTHIYA PURAYIL



RESPONDENT:

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

          BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

          SRI. T.R. RENJITH (SR.PP)


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.3577/2022                           2

                                     ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.462/2022 of

Kaduthuruthi Police Station alleging commission of offences under Sections

363, 354(A)(2) r/w. Section 354A1(i) of the Indian Penal Code and Section 12

r/w. Sections 11(iv), 10 r/w. Section 9 of Protection of Children from Sexual

Offences Act.

3. The allegation against the petitioner is that on 26.12.2021 at about

10.30 a.m., he abducted the minor victim from the lawful custody of her parents

and took her on a motor cycle to some places and sexually assaulted her and on

another day, the petitioner took the same minor victim to yet another place and

again sexually assaulted her.

4. The learned counsel for the petitioner submits that the petitioner is

a 20 year old boy, who had befriended the alleged victim over Instagram. It is

submitted that the petitioner had not committed the offence of sexual assault

and the victim had gone along with the petitioner voluntarily. It is submitted

that the petitioner has been in custody for 32 days and that his continued

detention is not necessary for the purposes of any investigation.

5. The learned Public Prosecutor opposes the grant of bail. The

statements recorded from the minor victim girl are pointed out to show the

circumstances of the case appearing against the petitioner. It is submitted that

if the petitioner is released on bail, every chance of the minor victim being

influenced or intimidated in the matter.

6. Having heard the learned counsel for the petitioner and the learned

Public Prosecutor and taking a lenient view on account of the age of the

petitioner and also taking into account the fact that he has already been in

custody for 32 days, I am inclined to grant bail to the petitioner.

7. In the result this bail application is allowed. It is directed that the

petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees

fifty thousand only) with two solvent sureties each for the like sum to the

satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.

462/2022 of Kaduthuruthi Police Station as and when called upon to do

so;

(iii) The petitioner shall not enter the Kottayam District except for

appearance before the investigating office or Court till 31.8.2022.

(iv) The petitioner shall not attempt to interfere with the investigation,

influence or intimidate any witness in Crime No. 462/2022 of

Kaduthuruthi Police Station;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in

Crime No.462/2022 of Kaduthuruthi Police Station may file an application

before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF BAIL APPL. 3577/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN CMP NO.

966/2022 OF ADDL. SESSIONS JUDGE-1 (POCSO), KOTTAYAM DATED 30-04-2022