Kerala High Court
Sajeev vs State Of Kerala on 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
BAIL APPL. NO. 620 OF 2024
CRIME NO.793/2023 OF Ranni Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT SC 812/2023 OF FAST TRACK SPECIAL
COURT, PATHANAMTHITTA
PETITIONER/ACCUSED:
SAJEEV,
AGED 39 YEARS
SON OF SASIDHARAN, PULLIYILPUTHUPARAMBIL HOUSE,
VILAYILPPADI, KEEKKOZHOOR P.O., CHERUKOL VILLAGE,
PATHANAMTHITTA DISTRICT, PIN - 689672
BY ADV C.C.ANOOP
RESPONDENTS/RESPONDENT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:
SR.PP-SRI.RENJIT GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.620 OF 2024 2
ORDER
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure, 1973 filed by the sole accused
in Crime No.793/2023 of Ranni Police Station, Pathanamthitta
registered under Sections 363 and 377 of IPC and Sections 3(a)
r/w 4, 6 r/w 5(m) of the Protection of Children from Sexual
Offences Act, 2012 (POCSO Act).
2. The prosecution allegation is that, on 19/8/2023 at 12
noon and on various other dates, the petitioner kidnapped the
minor boy, aged 11 years, who is deaf, from the lawful
guardianship of the defacto complainant, and subjected him to
penetrative sexual assault against the order of nature.
3. Heard learned counsel for the petitioner and learned
Public Prosecutor.
4. Learned Public Prosecutor vehemently opposed the bail
application stating that, the victim boy was aged only 11 years,
and he was deaf, and he was subjected to unnatural sex by the
petitioner, who is a man aged 39.
5. Learned counsel for the petitioner would submit that, the
petitioner was arrested on 27/8/2023, and since then, he is in
judicial custody. Investigation is over, and final report has been
filed before the Fast Track Special Court, Pathanamthitta, and it
is pending there as SC.No.812/2023. So, his continued detention
is not necessary, and he is ready to abide by any conditions, as
submitted by him.
6. It is true that, the petitioner was arrested on 27/8/2023,
and since then, he is in judicial custody. But, the available
records prima facie suggest that, a deaf boy aged 11 was
kidnapped by the petitioner, and he was subjected to unnatural
sex on several occasions. So, if he is released on bail at present,
it may affect the safety and security of the victim boy, and there
is every chance for influencing or intimidating, the material
witnesses. In such circumstances, this Court is not inclined to
allow this petition, till the material witnesses in SC.No.812/2023
are examined. There shall be a direction to the Fast Track
Special Court, Pathanamthitta, to expedite the trial of
SC.No.812/2023, and to examine the material witnesses within
three months from today.
Registry to forward a copy of this order to the trial court
forthwith.
With these directions, this petition is disposed of.
Sd/-
SOPHY THOMAS
JUDGE
ska
APPENDIX OF BAIL APPL. 620/2024
PETITIONER ANNEXURES
Annexure A1 THE FREE COPY OF THE ORDER DATED 19.12.2023
IN CRL.M.C NO. 170/2023 IN S.C NO. 812/2023
ON THE FILE OF COURT OF FAST TRACK SPECIAL
JUDGE, PATHANAMTHITTA DISTRICT
