Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 BAIL APPL. NO. 2561 OF 2023 CRIME NO.197/2023 OF PUTHENCRUZ POLICE STATION, ERNAKULAM PETITIONER: SIVADAS AGED 23 YEARS, S/O DAS NADICICHERIL HOUSE NADACHERIL THAZHA BAGAM , ORRAMANA , MEMURI VILLAGE KUNNATHUNAD TALUK ERNAKULAM, PIN - 686 663 BY ADVS. JOHN JOSEPH(ROY) JOSEPH FRANCIS SABIR N.S. ANGEL GLORIA V.S. RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV SRI.M.P.PRASHANTH - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
ORDER
Dated this the 31st day of March, 2023 This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicant is the accused in Crime No.197/2023
of Puthencruz Police Station, Ernakulam. The offences alleged are punishable under Sections 450, 354, 354 A (1) (ii), 354 B, 376 (2) (n) of the IPC and Sections 4 (1) r/w 3 (a), 8, 7 of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case, in short, is that the applicant sexually assaulted the victim, who is a minor girl, on several occasions at her house and thereby committed the offences.
4. I have heard Sri.John Joseph, the learned counsel for the applicant and Sri.M.P.Prashanth, 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. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred ..3.. as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
27.02.2023. The victim was aged 17 years and the applicant was aged 23 years at the time of the alleged incident. Reading of the FIS and 164 statement would show that, they were in love and they had consensual sex on several occasions at her house. There is no allegation that the sex they had was
forceful. It is true that the victim was aged 17 years. The investigation is practically over and the applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the ..4..
(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
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the 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 ded/31.03.2023