Ajay @ Ajayan vs State Of Kerala
2023 Latest Caselaw 10079 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 18TH DAY OF SEPTEMBER 2023/27TH BHADRA, 1945
                 CRL.A NO. 1358 OF 2023

   AGAINST THE ORDER IN CRMP.3605/2023 OF ADDITIONAL
       SESSIONS COURT-I(SPECIAL JUDGE), PALAKKAD


APPELLANT/SOLE ACCUSED:


         AJAY @ AJAYAN,,
         AGED 21 YEARS,
         S/O.ANANDHAN,
         MANNAM HOUSE,
         KORATHUPARAMBU,
         VADAVANNUR.P.O,
         KOLLENGODE,
         PALAKKAD, PIN - 678504

         BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:


    1    STATE OF KERALA,
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682031
    2    XXXX


         BY SRI.M.P.PRASANTH, PUBLIC PROSECUTOR FOR R1.

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.A. No.1358/2023
                                        :2:




                            N. NAGARESH, J.

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                   Criminal Appeal No.1358 of 2023

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             Dated this the 18th day of September, 2023


                             JUDGMENT

~~~~~~~~~

The accused in Crime No.528/2023 of Nenmara

Police Station has filed this appeal invoking Section 14A(2)

of the Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act, 1989 aggrieved by the order dated

24.08.2023 in Crl.M.P. No.3605/2023 of the Special Judge/

Additional Sessions Judge-I, Palakkad Division.

2. The appellant was made an accused in Crime

No.528/2023 of Nenmara Police Station for offences

punishable under Section 363, 376(2)(n) and 354A(1)(i) IPC,

Section 4(1) read with Section 3(a), Section 6 read with

Section 5(1), Section 8 read with Section 7, Section 12 read

with Section 11(iv) of the POCSO Act and Section 3(2)(va) of Crl.A. No.1358/2023

the SC/ST (PoA) Act.

3. The appellant moved application under Section

439 Cr.P.C. for grant of regular bail. The Special Judge

noted that there were some connection between the

appellant and the survivor and even if it is taken that the

sexual relation between the appellant and the survivor was

with the consent of the survivor, she being a minor, the

offences alleged will be attracted. The Special Judge also

noted that the appellant had taken nude videos of the

appellant. The Special Judge therefore dismissed the bail

application.

4. Though notice was served on the survivor through

the SHO concerned, the complainant has not turned up.

5. The criminal appeal would indicate that the

appellant is aged only 21 years and the survivor was 17

years of age. The appellant and the survivor were in

relationship. Though there is a report that the appellant had

taken nude videos of the survivor, the survivor has no

complaint to the effect that the videos were circulated or Crl.A. No.1358/2023

threatened to be circulated by the appellant. There is no

allegation that the videos were taken clandestinely.

Substantial progress has been done in investigation of the

case. The appellant has been in custody since 17.07.2023.

6. In the circumstances, in spite of the objections

raised by the Public Prosecutor to grant of bail, I am of the

view that the appellant can be enlarged on bail.

7. The Criminal Appeal stands allowed. The order

dated 24.08.2023 in Crl.M.P. No.3605/2023 of the Special

Judge /Additional Sessions Judge-I, Palakkad Division is set

aside. The appellant shall be released on bail on the

following conditions:-

(i) The appellant/accused shall be released on bail on his executing bond for ₹50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the Special Court concerned.

(ii) The appellant/accused shall not intimidate witnesses or tamper the evidence. He shall co-operate with the investigation and shall be Crl.A. No.1358/2023

available for interrogation as and when directed by the Investigating Officer.

(iii) The appellant/accused shall not leave the jurisdiction of the Special Court without prior permission of the court.

(iv) The appellant/accused shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

Sd/-

N. NAGARESH, JUDGE aks/12.09.2023