Sudin vs State Of Kerala
2023 Latest Caselaw 11810 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                      BAIL APPL. NO. 9964 OF 2023
     CRIME NO.1188/2023 OF Ottapalam Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT CRMP 5073/2023 OF I ADDITIONAL DISTRICT
   COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,PALAKKAD


PETITIONER/S:

            SUDIN
            AGED 24 YEARS
            S/O. SURESH, AMBALAVATTOM HOUSE, P.O. PANAMANNA,
            OTTAPALAM TALUK PALAKKAD DISTRICT, PIN - 679501

            BY ADV P.JAYARAM


RESPONDENT/S:

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


OTHER PRESENT:

            SRI G. SUDHEER (PP)




     THIS   BAIL   APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.9964/2023                      -2-

                                  ORDER

The petitioner is the accused in Crime No.1188/2023 of Ottapalam

Police Station, Palakkad District alleging commission of offences punishable

under Sections 354 D (1), (ii), 363 of the Indian Penal Code and Section 8

read with 7, Section 12 read with Section 11 (iv), Section 15 I (i) of the

Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and

Section 67B of the Information Technology Act, 2000.

2. The allegation against the petitioner is that the petitioner sexually

abused the minor victim by pretending being love with her and compelled her

to send her nude videos to the petitioner and such videos were stored by the

petitioner on his phone. It is also alleged that the petitioner kidnapped the

victim from the lawful custody of her parents and thereby he committed the

offences alleged against the petitioner.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is a 24 year old boy and who is in a relationship with the

minor victim. It is submitted that the minor victim was forced to file a

complaint against the petitioner when her relationship with the petitioner

came to the knowledge of the family members of the victim. It is submitted

that there is no allegation whatsoever that the petitioner has circulated any

nude pictures or videos of the minor victim. It is submitted that the petitioner

has been in custody from 15-10-2023 and his continued detention is not

necessary in the facts and circumstances of the case.

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

circumstances of the case appearing against the petitioner are pointed out to

show that the petitioner is not entitled to bail at this stage. It is submitted that

the allegations are serious and if the petitioner is granted bail at this stage, it

possible that the minor victim may be influenced or intimidated. It is

submitted that the investigation is only progressing and therefore it may not

be conducive to grant bail at this stage.

5. Having heard the learned counsel appearing for the petitioner and

the learned Public Prosecutor, I am of the view that the petitioner can be

granted bail subject to conditions. The allegations against the petitioner are as

noticed above. The petitioner has been in custody from 15-10-2023. No

compelling reason is shown as to why the petitioner must be continued in

custody. Apart from the fact that the petitioner may influence or intimidate

the victim if he is granted bail, no other compelling reason is shown to deny

bail. That can be taken care by imposing suitable conditions. Accordingly this

bail application is allowed. The petitioner shall be released on bail, subject to

the following conditions:-

(i) The petitioner shall execute 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 appear before the investigating officer in Crime

No.1188/2023 of Ottapalam Police Station, Palakkad as and when

called upon to do so;

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

influence or intimidate the victim or any witness in Crime

No.1188/2023 of Ottapalam Police Station, Palakkad;

(iv) The petitioner shall not enter the local limits of Ottapalam Police

Station until further orders except for the purpose of complying with

any condition imposed in this order;

(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.1188/2023 of Ottapalam Police Station, Palakkad may file an

application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE AMG