Kerala High Court
Chandrasekharan vs Xxxxxx on 14 July, 2025
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CRL.A NO. 857 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.A NO. 857 OF 2025
CRIME NO.1355/2024 OF Kodungallur Police Station, Thrissur
AGAINST THE ORDER DATED 05.05.2025 IN CRL.MP NO.78 OF 2025 IN
SC NO.1523 OF 2024 OF FAST TRACK SPECIAL COURT, KODUNGALLUR
APPELLANT/PETITIONER/ACCUSED:
CHANDRASEKHARAN, AGED 52 YEARS
S/O. VELAYUDHAN NAIR, KOORIKKAL HOUSE,
MADATHUMPADI DESOM, MADATHUMPADI VILLAGE,
KODUNGALLUR TALUK, THRISSUR DISTRICT., PIN - 680733
BY ADV SRI.NIREESH MATHEW
RESPONDENT/RESPONDENT/DE FACTO COMPLAINANT & STATE:
1 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031
BY ADV SRI.M.R.JAYAPRASAD
SRI VIPIN NARAYAN A,SR.PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.A NO. 857 OF 2025 2
JUDGMENT
This appeal has been filed under Section 14A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST
Act'), challenging the order dated 05.05.2025 on the file of
the Fast Track Special Court, Kodungallur in Crl.M.P.
No.78 of 2025, rejecting the application filed by the
appellant for regular bail in S.C.No.1523 of 2024 on the file
of the Fast Track Special Court, Kodungallur. S.C.No.1523
of 2024 arises from Crime No.1355 of 2024 of Kodungallur
Police Station, which has been registered alleging
commission of offences under Under Sections 363, 376(2)
(a)(f)(n), 376(3), 354, 354-A (D)(i)(iii) r/w 354-A(2), 354-B,
354-D(ii) r/w 354-D(2), 201 1PC and S.3(a)(c) r/w S.4(i),
5(a) (ii)(iii)(iv) r/w 6(1), 5(l)(p) r/w 6(1), S.9(a)(ii) (iii)(iv) r/w
Sec.10, 9(c),(l),(p) r/w S.10, S.11(iv) r/w S.12 PoCSO and
S.3(2)(v) of SC/ST Act.
2. The allegation against the appellant is that the
appellant [who is not a member of any of the Scheduled
Castes or Scheduled Tribes] had, while working as a
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Student Police Cadet instructor, committed aggravated
penetrative sexual assault on the victim, sometime in
November 2022. The victim was allegedly a minor who was
undergoing training under the appellant.
3. The learned counsel appearing for the appellant
submits that the appellant was arrested on 26.09.2024, and
he has been in custody from that date. It is submitted that
there is an inordinate delay in registering the complaint
against the appellant. It is submitted that the investigation
has been completed and a final report has already been
filed in the matter, and the matter is now pending as S.C.
No.1523 of 2024 on the file of the Fast Track Special Court,
Kodungallur. It is submitted that there is no possibility of
the trial being commenced immediately as the report of the
Forensic Science Laboratory is still awaited. It is submitted
that the appellant may, therefore, be granted bail subject to
conditions.
4. The learned Public Prosecutor and the learned
counsel appearing for the victim submit that the appellant
is not entitled to bail. It is pointed out that the appellant is
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a Police Officer, and the allegation is that he had committed
aggravated penetrative sexual assault on the minor victim
at a time when she was only 14 years of age. It is submitted
that since the appellant is a Police Officer, he may be in a
position to influence the witnesses, and this is a fit case
where the appellant has to face trial as an under-trial
prisoner. The learned Public Prosecutor confirms that the
appellant has been in custody since 26.09.2024. It is also
pointed out that the investigation revealed that there are
sufficient materials for establishing the case against the
appellant. It is also pointed out that this Court had
dismissed the applications filed earlier by the appellant
[orders on record as Annexures 1 and 3] and there is no
change of circumstances entitling the appellant to seek
bail.
5. Having heard the learned counsel for the
appellant, the learned Public Prosecutor, and the learned
counsel appearing for the victim, I am of the opinion that
the appellant can be granted bail subject to conditions on
the short ground of long incarceration as an under-trial
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prisoner. While the learned Public Prosecutor and the
learned counsel for the victim may be right in contending
that the appellant, being a Police Officer, deserves no
leniency, I am of the opinion that continuing the appellant
in custody as an under-trial prisoner may not be justified,
especially when it is clear that the trial cannot be
commenced in the near future on account of the fact that
there will be further delay in obtaining the FSL report. The
apprehension of the learned Public Prosecutor and the
learned counsel for the victim that the appellant may be in
a position to influence witnesses, etc., can be taken care of
by imposing suitable conditions.
Accordingly, the Criminal Appeal is allowed, and the
appellant is directed to be released on bail subject to the
following conditions:
(i) The appellant shall execute a 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 appear before the Station
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House Officer, Kodungallur Police Station, as and when
called upon to do so;
(iii) The appellant shall not intimidate the victim or
shall not in any manner establish any contact with the
victim, and shall not in any manner act in prejudice to the
interests of the victim or other family members of the
victim in Crime No.1355 of 2024 of Kodungallur Police
Station;
(iv) The appellant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any Police
Officer;
(v) The appellant shall not tamper with any evidence
in the case;
(vi) 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 said court within seven days of release
on bail;
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(vii) The appellant shall not enter the local limits of
the Thrissur District until further orders, except for
attending the trial in S.C.No.1523 of 2024 or for
appearance before any other court or authorities based on
any notice that may be issued to the appellant ;
(viii) The appellant shall not commit any offence
while on bail.
If any of the aforesaid conditions are violated, the
Station House officer, Kodungallur Police Station, may
apply to the jurisdictional court for cancellation of bail. The
Joint Director, Regional Forensic Science Laboratory,
Thrissur, shall ensure that the FSL report is made available
to the trial court at the earliest and without further delay.
Sd/-
GOPINATH P.
JUDGE
ajt/DK
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PETITIONER ANNEXURES
Annexure 1 TRUE PHOTOCOPY OF THE ORDER DATED 21.11.2024
Annexure 2 TRUE PHOTO COPY OF THE ORDER PASSED BY THE
COURT OF SPECIAL JUDGE, FAST TRACK SPECIAL
COURT, KODUNGALLUR IN CRL.M.P.NO. 292/2024
IN S.C NO.1523/2024 DATED 12.12.2024
Annexure 3 TRUE PHOTO COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN CRIMINAL APPEAL NO.
2433/2024 DATED 15.01.2025
