Citation : 2025 Latest Caselaw 143 Ker
Judgement Date : 9 May, 2025
2025:KER:33657
B.A No.5692 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
BAIL APPL. NO. 5692 OF 2025
CRIME NO.333/2025 OF KURUPPAMPADY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 15.04.2025 IN CRMP NO.118
OF 2025 OF COURT OF SPECIAL JUDGE (POCSO), MUVATTUPUZHA
PETITIONER/3RD ACCUSED:
APARNA,
AGED 29 YEARS,
D/O. RADHAKRISHNAN, MANJUMAVUNKAL VEEDU,
PUNCHAVAYAL POST, KORUTHODU VILLAGE,
MUNDAKKAYAM TALUK, KOTTAYAM DISTRICT.,
PIN - 686513
BY ADV M.X.ANTONY LIJO
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SMT. V. SREEJA, SR. PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:33657
B.A No.5692 of 2025
2
K.BABU, J.
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B.A No.5692 of 2025
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Dated this the 9th day of May, 2025
ORDER
This is an application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is accused No.3 in Crime No.333/2025 of
Kuruppampady Police Station. The offences alleged against the
petitioner are punishable under Sections 137(2), 96, 74, 115(1), 115(2)
and 3(5) of the Bharatiya Nyaya Sanhita and Section 12 read with
Section 11(i) of the POCSO Act.
3. The prosecution case is that on 09.03.2025 at 11.30 a.m, the
petitioner and the other accused with the sexual intent kidnapped
the victim from ITC junction, Valayanchirangara in a car bearing
registration No.KL-41-Q-3556 and made sexually coloured
remarks. When the car reached Varikkadu bhagam, the friends of
the victim intercepted the car. The victim was pushed out from the 2025:KER:33657
car by the accused.
4. The petitioner was arrested on 10.03.2025 and has been in
judicial custody since then.
5. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6. The learned Public Prosecutor opposed the bail plea of the
petitioner.
7. Having regard to the nature of the allegations, stage of the
investigation and the tenure of judicial custody undergone by the
petitioner, I am of the view that the petitioner is entitled to be
released on bail on conditions.
In the result, the Bail Application is allowed as follows:
(a) The petitioner is ordered to be released on bail
on her executing bond for Rs.50,000/ (Rupees
Fifty Thousand Only) with two solvent sureties
each for the like sum to the satisfaction of the
jurisdictional court.
(b) The petitioner shall appear before the 2025:KER:33657
Investigating Officer on all Mondays between 10
A.M. and 11 A.M. for a period of three months or
till the final report is filed, whichever is earlier.
(c) The petitioner shall not try to influence the
prosecution witnesses or attempt to tamper with
the evidence.
(d) The petitioner shall not maintain any contact
with the victim during the period of bail.
K.BABU, JUDGE KAS 2025:KER:33657
APPENDIX OF BAIL APPL. 5692/2025
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE ORDER DATED 15/4/2025 IN CRL. M.P. NO. 118/2025 OF COURT OF THE SPECIAL JUDGE, MUVATTUPUZHA
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