Kalaivanan Kamaraj vs State Of Kerala
2024 Latest Caselaw 30246 Ker

Kerala High Court

Kalaivanan Kamaraj vs State Of Kerala on 24 October, 2024

Author: P Gopinath

Bench: P Gopinath

                                                      2024:KER:79287

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

                     BAIL APPL. NO. 8314 OF 2024

  CRIME NO.627/2023 OF KOLLAM WEST POLICE STATION, KOLLAM
         AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL.
             NO.3071 OF 2024 OF HIGH COURT OF KERALA

PETITIONER/1ST ACCUSED:

         KALAIVANAN KAMARAJ,
         AGED 32 YEARS
         S/O. KAMARAJ, HOUSE NO: 1/206, MELAY STREET,
         KOTTARAKKUDY P.O., NAGAPATTANAM, TAMIL NADU-
         610101, NOW RESIDING AT THOTTATHIL HOUSE,
         LAKSHMINADA, CUTCHERY P.O., KOLLAM, PIN - 691013

         BY ADV LAVARAJ M.G.


RESPONDENTS/COMPLAINANT:

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

    2    XXXXXXXXXX
         XXXXXXXXXX XXXXXXXXXX


OTHER PRESENT:

         T.THUSHARA JAMES, SR.GP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.10.2024,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                          2024:KER:79287
BAIL APPL.NO. 8314 OF 2024           2




                                JUDGMENT

The petitioner in this case is the 1 st accused in Crime

No.627/2023 of Kollam West Police Station, Kollam

District, alleging commission of offences under Section

376(2)(f), 376(2)(i), 376(2)(m), 376(2)(n), 354A(1)(i) of the

Indian Penal Code and Section 4(2), 3(b), 6, 5i, 51, 5m, 5n,

8 and 7 of the Protection of Children from Sexual Offences

Act.

2. The allegation against the petitioner is that in

between the period from 12.5.2023 to 27.5.2023, the

petitioner sexually abused the minor victim girl, aged four

years and from 27.5.2023 to 15.06.2023 repeatedly

committed penetrative sexual assault on her and caused

hurt to the victim under the guise of performing some

poojas and thereby, he committed the offences alleged

against him.

3. By order dated 17.10.2023, considering the 2024:KER:79287

seriousness of the offences alleged against the petitioner

and also considering the fact that the victim is aged only

four, I had dismissed the bail application. The petitioner

filed a second bail application as Bail.Appln. No.3071/2024,

which was dismissed on 7.6.2024 finding no change of

circumstances warranting the consideration of the second

bail application.

4. Having heard the learned counsel for the petitioner

and the learned Public Prosecutor and having regard to the

facts and circumstances of the case, I find that there is no

change of circumstances warranting the consideration of

this bail application filed by the petitioner.

The bail application is accordingly dismissed.

Sd/-

GOPINATH P. JUDGE

Pvv 2024:KER:79287

APPENDIX OF BAIL APPL. 8314/2024

PETITIONER ANNEXURES

ANNEXURE A1 ORDER DATED 17-10-2023 IN BAIL APPL.8567/2023 ON HIGH COURT

ANNEXURE A2 THE ORDER DATED 07/06/2024 OF THIS HON'BLE COURT IN BAIL APPLICATION

ANNEXURE 3 ORDER DATED 07-06-2024 IN BAIL APPL.3071/2024 ON HIGH COURT