Kerala High Court
Dathe vs State Of Kerala on 29 April, 2025
BAIL APPL. NO. 5651 OF 2025
1
2025:KER:33304
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
BAIL APPL. NO. 5651 OF 2025
CRIME NO.479/2025 OF ALUVA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.975 OF 2025 OF
DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED :
DATHE, AGED 27 YEARS
S/O. BALU CHAYOTH,
KINNANNUR VILLAGE, KASARGOD - 671 533.
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
DIPA V.
AKASH CHERIAN THOMAS
RESPONDENT(S)/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
SR PP- VIPIN NARAYAN A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.04.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 5651 OF 2025
2
2025:KER:33304
P. KRISHNA KUMAR, J.
......................................................
B.A. No.5651 of 2025
...................................................
Dated this the 29th day of April, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
2. Petitioner is the accused in Crime No.479/2025 of Aluva Police Station,
Ernakulam. The above case is registered against the petitioner alleging offences
punishable under Sections 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and
Section 3(a) r/w Section 4(1), 5j(ii), 5(1) r/w Section 6 of the Protection of
Children from Sexual Offences Act, 2012.
3. The prosecution case is that during the month of July and August, 2024
petitioner committed sexual assault on the victim, who is a minor girl aged 17
years; by taking her to different lodges in Ernakulam and Aluva. As a result,
the victim became pregnant, and the petitioner thereby committed the offences
alleged.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is innocent
and has been falsely implicated in the present case. It was also submitted that
both of them were married according to their customary rites, as evidenced by
BAIL APPL. NO. 5651 OF 2025
2025:KER:33304
Annexure-III photographs; and this case was falsely foisted only when there
occurred some difference of opinion between them. The counsel further
submitted that no materials are on record to connect the petitioner with the
alleged crime; hence he is entitled to get bail. On the other hand, the learned
Public Prosecutor submitted that the alleged incident occurred as a part of the
intentional criminal acts of the petitioner, and he is not entitled to bail at this
stage.
6. The petitioner was arrested on 05.03.2025. There is no material on record
challenging the genuineness of Annexure-III photograph. The investigating
agency had the opportunity to take the petitioner in police custody. From the
submission of both sides, it appears that the investigation of the case is now in
an advanced stage. The investigating agency did not show any acceptable
reasons for justifying further detention of the petitioner. The anxiety expressed
by the learned Public Prosecutor that the accused would interfere with the
process of investigation, if released on bail, can be addressed by imposing
suitable conditions. Having considered the entire circumstances, including the
stage of the investigation and the tenure of judicial custody undergone by the
petitioner in the touchstone of the well settled principles relating to bail, it is
only just and proper to release the petitioner on bail.
7. In the result, the application is allowed on the following conditions:
(i) The petitioner shall be released on bail on executing a bond for
BAIL APPL. NO. 5651 OF 2025
2025:KER:33304
Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like
sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall fully cooperate with the investigation.(iii) The petitioner
shall appear before the investigation officer between 10 a.m. and 11 a.m. on
every Saturday for a period of three months or till filing charge sheet,
whichever is earlier. He shall also appear before the investigation officer as and
when a notice in writing is issued by the investigating officer.
(iv) The petitioner shall not commit any offence of a like nature while on bail.
(v) The petitioner shall not interact with the prosecution witnesses, directly or
through any other person, or in any other way influence any witnesses or other
persons related to the investigation and he shall not tamper with the evidence.
(vi) The petitioner shall not enter into the jurisdictional limits of the Police
Station where the victim is residing or working, until the conclusion of trial.
(vii) The petitioner shall not leave Kerala without the permission of the trial
court.
(viii) The application, if any, for deletion/modification of the bail conditions or
cancellation of bail on the ground of violating the bail conditions can be
entertained by the jurisdictional court, if it is found necessary.
sd/-
P. KRISHNA KUMAR, JUDGE
AMV/29/04/2025
BAIL APPL. NO. 5651 OF 2025
2025:KER:33304
APPENDIX OF BAIL APPL. 5651/2025
PETITIONER ANNEXURES
ANNEXURE-I COPY OF THE FIR IN CRIME NO. 479/2025 OF ALUVA
POLICE STATION, ERNAKULAM
ANNEXURE II COPY OF THE REMAND REPORT IN CRIME NO 479/2025
OF ALUVA POLICE STATION, ERNAKULAM DISTRICT
ANNEXURE III COPY OF PHOTOGRAPHS OF THE MARRIAGE
ANNEXURE IV A COPY OF THE ORDER DATED 25.03.2025 IN CRL MP
NO 975/2025 IN CRIME NO. 479/2025 OF ALUVA
POLICE STATION, ERNAKULAM
