Orissa High Court
Kunal @ Makindra Chetty vs State Of Odisha on 1 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.815 of 2023
Kunal @ Makindra Chetty ..... Appellant
Represented By Adv. -
M/s. Sarbeswar Sahoo,
Basudev Pujari, P.swain
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
U.C. Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
01.09.2025
Order No.
11. I.A. No.2192 of 2025
1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. This I.A. application has been filed for release of the
appellant-petitioner on interim bail.
3. Heard learned counsels for the parties.
4. Learned counsel for the appellant-petitioner at the outset
contended that the present appeal has been preferred at the
instance of the petitioner-appellant against judgment of
conviction dated 26.06.2023 passed by the learned Additional
District & Sessions Judge-cum-Special Court under POCSO Act,
Jeypore, District-Koraput in T.R. Case No.75 of 2016. The
Petitioner, who faced trial for commission of an offence under
Section 363, 376(2)(i)(n), 506, 34 of the I.P.C. read with Section
6 of the POCSO Act, was eventually convicted for commission
of an offence under Section 363, 34, 376(2)(i), 114 of the I.P.C.
read with Section 17 & 4 of the POCSO Act and he has been
sentenced to undergo R.I. for a maximum period of 10 years and
to pay a total fine of Rs.15,000/-. Learned counsel for the
appellant at this juncture contended that the present I.A. has been
filed to release the appellant on interim bail on the ground that
the wife of the appellant has fled away with another person.
5. Pursuant to the order passed by this Court, learned counsel
for the State produced a copy of instruction dated 01.09.2025 of
the I.I.C., Jeypore Mahila PS. On perusal of the said instruction it
appears that the I.I.C. has mentioned that the wife of the
appellant, namely, Sanju Chetty, has left for village and children
and as per the local information she got married to another
person.
6. Learned counsel for the appellant at this juncture
contended that the appellant has three children through his wife
and the last one is aged about 1½ years. He further submitted that
there is nobody to look after the children of the appellant. On
such ground, learned counsel for the appellant contended that the
appellant be released on interim bail so that he can make
necessary arrangements for his children.
7. Learned counsel for the State on the other hand objected to
the release of the appellant on interim bail on the ground that the
appellant has already been convicted for commission of an
offence which is heinous in nature. He further contended that the
ground taken in the interim application for release of the
appellant on interim bail could not be strong to release him on
interim bail. On such ground, learned counsel for the State prayed
for dismissal of the interim application.
8. Having heard the learned counsels appearing for the
parties, on a careful examination of the grounds taken in the I.A.,
further on a close scrutiny of the instruction received from the
I.I.C., Jeypore Mahila PS, this Court is of the view that the wife
of the appellant has left the appellant and her children. Further, it
appears that the wife of the appellant is not staying with the
children and she has left the village with another person. Further
taking into consideration the fact that the presence of the
appellant is required to make necessary arrangements for staying
and bringing up the children, further keeping in view the future of
such children, this Court is inclined to release the Appellant-
Petitioner on interim bail in T.R. Case No.75 of 2016 passed by
the Court of the learned Additional District & Sessions Judge-
cum-Special Court under POCSO Act, Jeypore, District-Koraput
for a period of eight weeks from the date of his release. Such,
interim bail period shall be counted from the date of release of
the appellant from jail custody. However, it is made clear that
such release shall be subject to such other terms and conditions as
would be fixed by the trial court. Further, it is directed that the
appellant-petitioner shall not misuse the liberty. Violation of any
of the conditions shall entail cancellation of the interim bail
application.
9. On expiry of the interim bail period, the Appellant-
Petitioner shall surrender immediately before the court below,
failing which, it is open to the court below to take coercive
action against the Appellant-Petitioner to ensure that the
Appellant-Petitioner is taken back into custody. Surrender
certificate of the Appellant-Petitioner be produced before this
Court.
10. Accordingly, the I.A. is disposed of.
11. Issue urgent certified copy of this order as per Rules.
12. List this matter in the week commencing 02.11.2025.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 02-Sep-2025 17:48:09
