Kerala High Court
Sidharth @ Kuttu vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:55153
BAIL APPL. NO. 8148 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8148 OF 2025
CRIME NO.338/2025 OF Peechi Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 13.06.2025 IN Bail
Appl. NO.6315 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED:
SIDHARTH @ KUTTU
AGED 23 YEARS
S/O.UDAYAN, KUNDIL HOUSE, KRISHNAPURAM DESOM,
KALATHODE, OLLURKKARA VILLAGE,
THRISSUR DISTRICT, PIN - 680655
BY ADVS.
SRI.RAJIT
SMT.SRUTHI RAJIT
SMT.AZOONTHA ABRAHAM
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 8148 OF 2025
2
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8148 of 2025
...................................................
Dated this the 25th day of July, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.338 of
2025 of Peechi Police Station registered for the offences
punishable under Sections 376(2)(n), 376AB of the Indian
Penal Code 1860, sections 65(2)(f)(m), 65(2) of the
Bharatiya Nyaya Sanhita, 2023 apart from section 3(a) r/w
4(2), section 5(1)(m) r/w 6(1) of the Protection of Children
from Sexual Offences Act, 2012.
3. The prosecution alleges that the accused,
who is a relative of a minor girl aged 9 years, had committed
penetrative sexual assault on the victim at his house at
Kalathode while the victim was studying in UKG and again on
several occasions at the victim's house and thereby
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BAIL APPL. NO. 8148 OF 2025
committed the offences alleged. Petitioner was arrested on
03.04.2025 and he has been in custody since then.
4. Adv.Sruthy Rajith, the learned counsel for
the petitioner vehemently contended that the entire
prosecution allegations are false and the incident as alleged
had not occurred. It was further submitted that the victim has
made the allegations on a misunderstanding and considering
the period of detention undergone by the petitioner as well as
his young age he ought to be released on bail.
5. The learned Public Prosecutor, on the other
hand submitted that the allegations are serious and the
petitioner has committed a serious offence and that too, on a
girl of nine years and therefore bail ought not to be granted.
The learned Public Prosecutor further pointed out that the
petitioner is a person of 23 years of age and therefore the
heinous crime committed by the petitioner cannot be
shrugged aside on the basis of any alleged hormone
deficiency. The Public Prosecutor also pointed out that this
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Court had already dismissed the bail application of the
petitioner in B.A.No.6315 of 2025 and since there is no
change of circumstances, the bail application ought to be
dismissed.
6. On consideration of the rival contentions, it is
noticed that the petitioner is alleged to have committed a
serious offence on a minor girl aged 9 years 11 months. In
the order in B.A.No.6315 of 2025, this Court had noted that
the hymen of the victim was not found to be torn. Still,
considering the nature of allegations, legally, the accused can
be alleged to have committed penetrative sexual assault on
the victim. Though the allegations do indicate instances
penetrative sexual assault committed by the accused.
Considering the entire circumstances, including the young age
of the petitioner apart from the absence of any tear on the
hymen, I am of the view that the continued custody of the
petitioner is not necessary especially since he has been in
custody for the last more than 135 days. Moreover, the final
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BAIL APPL. NO. 8148 OF 2025
report has already been filed on 02.05.2025 and hence
further custody of the petitioner would amount to punishment
before conviction.
In the result, this bail application is allowed on the
following conditions:-
(a) Petitioner shall be released on bail on him
executing a bond for Rs.50,000/- (Rupees Fifty
thousand only) with two solvent sureties each for
the like sum to the satisfaction of the court having
jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to
influence the witnesses; nor shall he attempt to
tamper with the evidence.
(d) Petitioner shall not commit any similar offences
while he is on bail.
(e) Petitioner shall not enter into the jurisdictional
limit of the Police Station where the victim resides.
(f) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
In case of violation of any of the above conditions or
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if any modification or deletion of the conditions are required,
the jurisdictional Court shall be empowered to consider such
applications, if any, and pass appropriate orders in
accordance with law, notwithstanding the bail having been
granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
nak
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BAIL APPL. NO. 8148 OF 2025
APPENDIX OF BAIL APPL. 8148/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE ORDER DATED
02.05.2025 IN CRL.MP NO. 2016/2025 OF
THE LEARNED I ADDITIONAL SESSIONS
JUDGE, THRISSUR
Annexure 2 A TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED BY THE JUBILEE MISSION HOSPITAL
Annexure 3 A TRUE COPY OF THE ORDER IN BA
6315/2025 OF THIS HON'BLE COURT DATED
13.06.2025
