Kerala High Court
Ben Roy Isaac vs State Of Kerala on 22 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 4878 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
BAIL APPL. NO. 4878 OF 2025
CRIME NO.1154/2024 OF VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.2700 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED :
BEN ROY ISAAC, AGED 46 YEARS
S/O. ISSAC, MALAMELKUNNU,
THEKKUMKARA SATHYAN NAGAR, ESTATE P O,
THIRUVANANTHAPURAM, PIN - 695 019.
BY ADV B.SABITHA (DESOM)
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 4878 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.4878 of 2025
...................................................
Dated this the 22nd day of May, 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.1154/2024 of Venjaramoodu Police
Station registered for the offences punishable under Sections 8, r/w
Section 7, 10 r/w Section 9(1),(n) and (t) of the Protection of Children
from Sexual Offences Act, 2012, apart from Section 74, 75(2), 75(1)(i), 76
of the Bharatiya Nyaya Sanhitha, 2023.
3. The prosecution case is that, the accused, who is the father of the victim,
had, on 14.09.2024, while she was sleeping in her bedroom, came to the
room with sexual intent, laid down by her side, and embraced her with
sexual intent, and also touched her inappropriately and attempted to
remove her t-shirt. Again on the next day in the early morning, the
accused caught hold of the victim and kissed her on the lips and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
BAIL APPL. NO. 4878 OF 2025
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5. The learned counsel for the petitioner submitted that the victim turned
18 years on 03.10.2024 and that the petitioner was arrested on
03.02.2025 and he has been in custody since then. It was further
submitted that the entire prosecution allegations are false and that
petitioner has been roped in as an accused since he protested against
his daughter's acquaintance and subsequent elopment with a stranger,
by name Govindan. As a measure of retaliation against the objections
raised by the petitioner regarding such a relationship the instant
complaint was registered. It was further submitted that the petitioner had
filed a man missing complaint, as per Annexure-A6 FIR, as early as on
15.09.2024, and that the present allegations have been raised at the
prodding of the victim's friend solely to wreak vengeance on the
petitioner. It was also submitted by the learned counsel for the petitioner
that, pursuant to the man missing complaint, petitioner's daughter was
produced before the learned Magistrate by the Police, after she had
eloped with her friend.
6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations are serious and though Annexure-A6 FIR was
registered, petitioner ought not to be released on bail, having regard to
the specific allegations in the case. It was also submitted that the victim
is presently residing at Kattakada which her mother.
7. It is noticed from Annexure-A6 FIR, that petitioner had filed a man
missing complaint on 15.09.2024 stating that his daughter is missing.
The FIR against the petitioner has been registered subsequently, alleging
BAIL APPL. NO. 4878 OF 2025
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that he misbehaved with his daughter. Petitioner was arrested on
03.02.2025 and has been in custody since then.
8. Taking note of the circumstances, including the registration of the crime
against the petitioner and the nature of allegations raised against him, I
am of the view that the continued detention of the petitioner is not
necessary. Though the learned Public Prosecutor pointed out that
petitioner has antecedents, including involvement in another criminal
case alleging an offence under Section 376 of the IPC, I am of the view
that since the victim in the said case is different, the continued detention
of the petitioner is not warranted, more so since the investigation is over
and the final report has already been filed. Therefore, the petitioner is
entitled to be released on bail.
9. 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.
(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.
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(e) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
(f) Petitioner shall not interact with the victim and shall not
enter the limits of Kattakada Police Station, where the
victim is stated to be presently residing.
10. In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for
cancellation, if any, and pass appropriate orders in accordance with the
law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/22/05/2025
BAIL APPL. NO. 4878 OF 2025
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APPENDIX OF BAIL APPL. 4878/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER IN OP NO. 1190/2009 OF
FAMILY COURT, THIRUVANANTHAPURAM DATED
30.04.2012
ANNEXURE A2 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED
06.04.2017
ANNEXURE A3 TRUE COPY OF ORDER DATED 20.05.2024 IN CRL.
MA NO. 1/2024 IN CRL. A NO: 526/2024
ANNEXURE A4 TRUE COPY OF THE MARRIAGE CERTIFICATE BETWEEN
THE PETITIONER'S WIFE AND ONE MR.ANIKUMAR
DATED 11.07.2019
ANNEXURE A5 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
1295/2023 OF KATTAKADA POLICE STATION
ANNEXURE A6 TRUE COPY OF THE FIR IN CRIME NO. 1071/2024
OF VENJARAMOODU POLICE STATION
ANNEXURE A7 TRUE COPY OF THE ORDER PASSED BY ADDITIONAL
SESSIONS COURT FOR THE TRIAL OF CASES
RELATING TO ATROCITIES AND SEXUAL VIOLENCE
AGAINST WOMEN AND CHILDREN,
THIRUVANANTHAPURAM IN CRL. M.P NO. 3121/2024
ON 16.12.2024
ANNEXURE A8 TRUE COPY OF THE ORDER DATED 20.01.2025
PASSED BY THIS HONOURABLE COURT IN BA
ANNEXURE A9 TRUE COPY OF THE ORDER IN CRL MP NO. 419/2025
PASSED BY THE ADDITIONAL SESSIONS COURT FOR
THE TRIAL OF CASES RELATING TO ATROCITIES AND
SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN,
THIRUVANANTHAPURAM IN CRIME NO. 1154/2024 OF
VENJARAMOODU POLICE STATION, DATED 18.02.2025
ANNEXURE A10 TRUE COPY OF THE ORDER IN BA NO. 2700/2025
DATED 04.03.2025
ANNEXURE A11 CERTIFIED COPY OF THE ORDER IN CRL MP NO.
729/2025 PASSED BY THE ADDITIONAL SESSIONS
BAIL APPL. NO. 4878 OF 2025
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COURT FOR THE TRIAL OF CASES RELATING TO
ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN
AND CHILDREN, THIRUVANANTHAPURAM IN CRIME NO.
1154/2024 OF VENJARAMOODU POLICE STATION,
DATED 24.03.2025
