Kerala High Court
George vs State Of Kerala on 14 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9649 OF 2025
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2025:KER:61240
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
BAIL APPL. NO. 9649 OF 2025
CRIME NO.443/2024 OF ANCHUTHENGU POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
GEORGE
AGED 52 YEARS
CHRIST BHAVAN, VELUNTHURU PURAYIDAM,
SHINGARATHOPPU, POONTHURA DESOM,
SHARKARA VILLAGE, THIRUVANANTHAPURAM,
PIN - 695026
BY ADVS.
SRI.SAJEEVAN KURUKKUTTIYULLATHIL
SRI.S.DILEEP SATHYAN
SHRI.VISHNU PRABHAKAR V.S.
SHRI.JOHN PAUL PADIKKALA
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTER,
PIN - 682031
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9649 OF 2025
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2025:KER:61240
BECHU KURIAN THOMAS, J.
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B.A. No.9649 of 2025
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Dated this the 14th day of August, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in Crime No.443/2024 of Anjuthengu Police Station, Thiruvananthapuram; registered for the offences punishable under Sections 64(2)(f), 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 r/w Section 3, Section 6 r/w Section 5(n), 5(m) of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. The prosecution case is that, the accused had, on 05.07.2024, sexually abused a minor victim aged 3 ½ years by inserting his penis into her mouth and sexually assaulted her and thereby committed the offences alleged. Petitioner was arrested on 13.07.2024 and he has been in custody since then.
4. I have heard Sri.Sajeevan Kurukkuttiyullathil, the learned counsel for the petitioner and Smt.Sreeja V., the learned Public Prosecutor and have also perused the statement of the mother of the victim. BAIL APPL. NO. 9649 OF 2025 3 2025:KER:61240
5. The statement of the mother of the victim specifically refers to the allegation that the petitioner had forced the minor victim to hold his penis and inserted it into her mouth, and even attempted to compel her to swallow his semen, which she spat it out. The statement also indicates that the accused had sexually abused the child by touching her private parts and even pinching it. The medical report also suggests that there might have been an attempt at vaginal penetration.
6. Considering the nature of allegations, I am of the view that, if the petitioner is released on bail, there is every chance of him influencing the witnesses. Further, the gravity of the offence is also heinous, and hence, petitioner cannot be released on bail.
This bail application is dismissed.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/14/08/2025 BAIL APPL. NO. 9649 OF 2025 4 2025:KER:61240 APPENDIX OF BAIL APPL. 9649/2025 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE ORDER PASSED BY THE HON'BLE ADDITIONAL SESSIONS COURT (POCSO), THIRUVANANTHAPURAM IN CRL MP NO: 248/2025 DATED 03/02/2025.