Kerala High Court

Amal Raj.P vs State Of Kerala on 2 July, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

Bail Appl. No.7837 of 2025
                                                     2025:KER:48269
                                    -1-

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

       THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA,

                                    1947

                       BAIL APPL. NO. 7837 OF 2025

              CRIME NO.8/2021 OF THALASSERY POLICE STATION,

KANNUR AGAINST THE ORDER/JUDGMENT IN SC NO.882 OF 2021

            OF FAST TRACK SPECIAL COURT, THALASSERY.

PETITIONER:

               AMAL RAJ.P,
               AGED 25 YEARS,
               S/O REJI.P, AYANIYATTU MEETHAL HOUSE,
               CHEMBRA, PARAL P.O, PALLOOR P.S,
               PUTHUCHERRY, NOW RESIDING AT NO:2,
               2NDMAIN,RAMAYYAGARDEN, 9THCROSS,BTM
               1STSTAGE,TAVAREKERE, DHARMARAM COLLEGE,
               BANGALORE, KARNATAKA, PIN - 560 029.

               BY ADV SMT.ANAKHA BABU


RESPONDENT:

               STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, PIN - 682 031.


               SMT. SREEJA V., PUBLIC PROSECUTOR


        THIS       BAIL      APPLICATION    HAVING   COME   UP   FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Bail Appl. No.7837 of 2025
                                                        2025:KER:48269
                                     -2-

                  BECHU KURIAN THOMAS, J.
                 --------------------------------------
                  Bail Appl. No.7837 of 2025
                  ------------------------------------
              Dated this the 2nd 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.08/2021 of

Thalassery Police Station, Kannur, which is now pending as

S.C.No.882 of 2021 before the Fast Track Special Court,

Thalassery, registered for the offences punishable under

sections 363, 370, 376(2)(n), 370A(1), 370(4) and 506(i) of the

Indian Penal Code, 1860 and Section 4 r/w Section 3(a), Section

6 r/w Section 5(l), Section 12 r/w Section 11 and Section 15(1)

of the Protection of Children from Sexual Offences Act, 2012

(for short 'POCSO Act') apart from Sections 66E and 67(a)(c) of

the Information Technology Act, 2000.

3. Petitioner is alleged to have committed penetrative

sexual assault on a minor victim on 29.08.2018 and recorded the

videos and forwarded it to the victim and later threatened her to

further indulge in sexual intercourse repeatedly.

4. After petitioner was arrested in the said crime, he

2025:KER:48269

was granted bail. In the meantime, he absconded and,

therefore, the trial scheduled on 06.12.2023 could not take

place. Thereafter, a non bailable warrant was issued against

him, and he was arrested on 26.04.2025. The bail application

filed by the petitioner was rejected by the trial court, noticing

the possibility of him absconding again.

5. The learned counsel for the petitioner submitted

that petitioner is totally innocent and his further detention

ought not to be permitted.

6. The learned Public Prosecutor opposed the bail

application.

7. Petitioner is a young person of 25 years in age. He

was granted bail in the crime initially. However, since he did

not appear on the date, the case was scheduled for trial, his bail

was cancelled and a non bailable warrant was issued. Since the

trial has not yet commenced, there is bound to be delay.

Petitioner has been in custody since 26.04.2025. Though the

learned Public Prosecutor pointed out that there is every chance

that petitioner may abscond again, I am of the view that strict

conditions can be imposed to ensure that petitioner does not

abscond.

8. In the above circumstances, I am of the view that

2025:KER:48269

the petitioner should be released on bail on strict conditions.

In the result, this 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.