Ratheesh vs State Of Kerala
2023 Latest Caselaw 10669 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                      BAIL APPL. NO. 8597 OF 2023
 AGAINST THE ORDER/JUDGMENT CRMP 1039/2023 OF FAST TRACK SPECIAL
                      COURT, (POCSO) IRINJALAKUDA
PETITIONER/S:

            RATHEESH,
            AGED 41 YEARS
            SON OF CHANDRAN, CHIRAYIL HOUSE, KUNNATHARA DESOM,
            KODAKARA VILLAGE, THRISSUR DISTRICT, PIN - 680684

            BY ADVS.
            JITHIN BABU A
            ARUN SAMUEL



RESPONDENT/S:

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


OTHER PRESENT:

            SRI NOUSHAD K.A. (SR PP)




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.8597/2023                          -2-

                                      ORDER

The petitioner is the accused in Crime No.460/2023 of Kodakara Police

Station, Thrissur District alleging commission of offences punishable under

Sections 450, 354, 376 (3), 506 (i) of the Indian Penal Code and Section 4 read with

3 (a), (d) of the Protection of Children from Sexual Offences Act, 2012 (the POCSO

Act).

2. The allegation against the petitioner is that on 22-06-2023 at 10.30 a.m

the petitioner trespassed into the house of the victim which is situated at Kodakara

Grama Panchayat and threatened to kill her and also threatened that her sister will

also be sexually abused and thereafter sexually assaulted her by kissing her on her

lips, breasts and genital areas. It is submitted that the petitioner forced the victim to

have oral sex and thereafter committed penetrative sexual intercourse with the

victim and thereby he committed the offences alleged against her.

3. The learned counsel appearing for the petitioner would submit that the

petitioner is absolutely innocent in the matter. It is submitted that the victim is also

victim in another POCSO case registered against another neighbour of the victim. It

is submitted the petitioner has been falsely accused of the offence owing to other

disputes. It is submitted that the petitioner is backbone of his family and the further

incarceration of the petitioner is absolutely unnecessary. It is submitted that since

investigation has been completed and final report has already been filed in the

matter. It is submitted that the petitioner has been in custody from 25-06-2023 and

therefore the petitioner may be granted bail subject to any conditions that this court

may deem fit to impose.

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

submits that pursuant to the order of this court and since the offence under Section

376 (3) is involved, notice of this bail application was given to the mother of the

victim. It is submitted that the mother of the victim is present in court today. It is

submitted that she has 3 daughters including the victim who is the eldest amongst

the three. It is submitted that the according to the mother of the victim the family

faces continuous threat and harassment from the petitioner and he has also

threatened that he will abuse the other children also. It is submitted that the

victim's family therefore apprehends that if bail is granted to the petitioner they

will be harassed and intimidated and similar offences may also be committed in

future. It is also submitted that the allegations against the petitioner are grave and

therefore the petitioner cannot be granted bail at this stage.

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

learned Public Prosecutor, I am of the opinion that the petitioner cannot be granted

bail at this stage. The learned Public Prosecutor has pointed out, after interacting

with the mother of the victim who is present in court today that the victim's family

has real apprehension that they may be harassed and intimidated if the petitioner is

granted bail. The circumstances of the family are such, that the victim is eldest

among the 3 female children in the family. The apprehension expressed by the

mother of the victim cannot be lost sight of by this court while considering whether

the petitioner should be granted bail. It is true that the investigation has been

completed and a final report has been filed in the matter. That by itself is no ground

to hold that the petitioner can be granted bail. Considering the totality of the facts

and circumstances of the case, I am of the view that the petitioner cannot be

granted bail, though the counsel for the petitioner vehemently argued that the

safety of the family of the victim can be ensured by imposing suitable conditions.

Bail application is therefore dismissed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF BAIL APPL. 8597/2023

PETITIONER ANNEXURES

Annexure A2 A CERTIFIED COPY OF THE ORDER IN CRL. M.P. NO.

1039/2023 BY FAST TRACK SPECIAL COURT, IRINJALAKUDA DATED 14/09/2023.