Kerala High Court
Xxxxxx vs State Of Kerala on 29 March, 2023
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
BAIL APPL. NO. 2397 OF 2023
CRIME NO.24/2023 OF CHALAKKUDI POLICE STATION
PETITIONER/ACCUSED:
XXXXXXXXXX
BY ADVS.
SRUTHY N. BHAT
P.M.RAFIQ
AJEESH K.SASI
M.REVIKRISHNAN
RAHUL SUNIL
SRUTHY K.K
NIKITA J. MENDEZ
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 RRR
BY ADVS.
SIJO V.K
OTHER PRESENT:
SRI.M.P.PRASANTH P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 2397 OF 2023
2
ORDER
This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.
2. The applicant is the accused in Crime No.24/2023 of Chalakkudi Police Station. The offences alleged are punishable under Sections 450, 376AB, 376(2)(f), 376(2)(n) of IPC and Sections 4(2), 3(b), 3(d), 6(l), 5(l), 5(m), 5(n) of POCSO Act.
3. The prosecution case, in short, is that the applicant committed repeated penetrative sexual assault on the victim while she was studying in the 5th standard and thereby committed the above said offences.
4. I have heard Smt.Sruthy N. Bhat, the learned counsel for the applicant, Sri.Sijo V.K, the learned counsel appearing for the de facto complainant and Sri.M.P.Prasanth, The learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that BAIL APPL. NO. 2397 OF 2023 3 the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.
6. The alleged incident was taken place while the victim was studying in 5th standard. It appears that at that time the victim was aged 10 years and the applicant was aged 15 years. Now, another crime under Section 376 of IPC was registered against one Achu, on the allegation that he committed rape on the victim and impregnated her. When the victim was questioned during the investigation of the said crime, the victim revealed that she was sexually assaulted by the applicant while she was studying in 5th standard. Till then, no such allegation was levelled against the applicant either by the victim or by her parents. The victim and the applicant are close cousins. That apart, the learned counsel appearing for the victim submits that the victim has no allegation of sexual assault against the applicant. The mother of the victim also filed an affidavit to that effect. At the time of the alleged incident, the applicant was also a minor. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre- arrest bail can be granted to the applicant.
BAIL APPL. NO. 2397 OF 2023 4 In the result, the application is allowed on the following conditions:-
(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders.
He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the BAIL APPL. NO. 2397 OF 2023 5 permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE AS