Sumesh vs State Of Kerala
2025 Latest Caselaw 713 Ker

Citation : 2025 Latest Caselaw 713 Ker
Judgement Date : 8 July, 2025

Kerala High Court

Sumesh vs State Of Kerala on 8 July, 2025

                                               2025:KER:50026
CRL.A NO. 1214 OF 2025            1


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

           THE HONOURABLE MR. JUSTICE GOPINATH P.

   TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947

                   CRL.A NO. 1214 OF 2025

  CRIME NO.1165/2013 OF Town West Police Station, Thrissur

      AGAINST THE ORDER DATED 19.06.2025 IN CRLMP 211/2025 IN
 LPR NO.10 OF 2021 OF FAST TRACK SPECIAL COURT-1 UNDER POCSO
                        ACT, THRISSUR
APPELLANT/3RD ACCUSED:
          SUMESH
          AGED 41 YEARS
          S/O MANIYAPPAN GOPALAKRISHNAN, D/7 4TH FLR SARAS
          RESIDENCY, LINGAM NAGAR, KULUMANI ROAD, WORIYUR,
          THIRUCHIRAPPALLI URBAN, TAMILNADU, PIN - 620102


         BY ADVS.
         SRI.A.RAJASIMHAN
         KUM.VYKHARI.K.U
         SHRI.ANAS ALI M.M.


RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031

    2     XXXXXXXXXX
          XXXXXXXXXX XXXXXXXXXX


OTHER PRESENT:

          SRI VIPIN NARAYAN A,SR.PP
     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
30.06.2025, THE COURT ON 08.07.2025 DELIVERED THE FOLLOWING:
                                                         2025:KER:50026
CRL.A NO. 1214 OF 2025               2




                             JUDGMENT

This appeal has been filed under Section 14A of the Schedule

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter referred to as 'the SC/ST Act'), challenging the order dated

19.06.2025 on the file of the Fast Track Special Court-1, Thrissur in

Crl.M.P.No.211/2025 in LPR No.10/2021 rejecting the application filed

by the appellant for regular bail in connection with Crime No.1165 of

2013 of Thrissur Town West Police Station. The appellant is one of the

accused in Crime No.1165/2013 of Thrissur Town West Police Station

which was registered alleging commission of offence under Sections

376 (1), 354, 366A r/w Section 34 of the Indian Penal Code and

Sections 3(a)(b), 4, 7 and 8 of the Protection of Children from Sexual

Offences Act, 2012. There are altogether four accused in the case

including the appellant herein. While the allegation against the other

three accused was that they had committed penetrative sexual assault

on the minor victim who is a member of a Scheduled Caste

Community, the allegation against the appellant was that he had

sexually abused her by grabbing her breast. The appellant absconded

even at the crime stage as a result of which an absconding charge sheet 2025:KER:50026

was filed against him and the matter was transferred to the Long

Pending Register as LPR No.10/2021 on the file of the Special Court,

Thrissur. The trial against the three other accused ended in acquittal

as can be seen from Annexure-A2, A3 and A4 documents produced

along with this case. The appellant was traced out and arrested from

Hyderabad and has been in custody from 13.06.2025.

2. The learned counsel for the appellant submits that

though the appellant is a native of Tamil Nadu, he has been living in

Hyderabad in connection with his business. It is submitted that he was

not aware of the case. It is pointed out that the only allegation against

the appellant as distinct from the allegation raised against the other

accused in the case is that the appellant had sexually abused the victim

in the manner indicated above. It is submitted that the victim herself

turned hostile and the other three accused against whom the

allegations of penetrative sexual assault had been raised, have been

acquitted by the trial court. It is submitted that since the appellant was

treated as an absconding accused, the case against him was split up. It

is submitted that the appellant will co-operate with the trial of the case

and therefore, he may be granted bail subject to any condition that this

Court may deem fit to impose.

3. The learned Public Prosecutor opposes the grant of 2025:KER:50026

bail mainly on the ground that the appellant is an absconding accused

and for all these years, the appellant has evaded the process of law. It

is submitted that, in such circumstances, the criminal trial against the

appellant will have to be expedited and the custodial trial is warranted.

The learned Public Prosecutor confirms that notice of this Criminal

Appeal was served on the victim in Crime No.1165/2013 of Thrissur

Town West Police Station.

4. The learned counsel for the appellant submits in

reply that the order impugned in the appeal itself records that the

victim has no objection in bail being granted to the appellant.

5. Having heard the learned counsel for the appellant

and the learned Public Prosecutor, I am of the view that, in the facts

and circumstances of the case, the appellant can be granted bail with

stringent conditions to ensure that he does not evade the process of

law. He has already been in custody in connection with the above case

from 13.06.2025. The victim has no objection in the appellant being

granted bail. The allegations against the appellant are as noticed

above. Apart from the fact that he may abscond, there is no other

reason to deny bail to the appellant.

Accordingly, the Criminal Appeal is allowed and the appellant

is directed to be released on bail subject to the following 2025:KER:50026

conditions:-

(i) The appellant shall execute bond for a sum

of Rs.1,00,000/- (Rupees one lakh only) with two

solvent sureties for the like-sum to the satisfaction of

the jurisdictional court.;

(ii) The appellant shall ensure that he appears

before the trial court on each posting date without fail

unless otherwise exempted by the court;

(iii) The appellant shall not attempt to make

any contact with the victim or influence or intimidate

the victim or any family members of the victim or any

witnesses in Crime No.1165 of 2013 of Town West

Police Station, Thrissur;

(iv) The appellant shall surrender his passport

before the jurisdictional Court. If the appellant does

not have a passport, he shall execute an affidavit to that

effect and file the same before the jurisdictional court

within seven days of release on bail;