Full Judgment
B.A.No.5751/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 BAIL APPL. NO. 5751 OF 2023 AGAINST THE ORDER/JUDGMENTCRMC 1167/2023 OF SPECIAL COURT UNDER POCSO ACT, KANNUR CRMC 1000/2023 OF SPECIAL COURT UNDER POCSO ACT, KANNUR
PETITIONER: BITTO MATHEW, AGED 33 YEARS S/O.MATHAYI, THANATH HOUSE, KARIMBUMKANDAM, CHAPPA MALA, KOTTIYOOR, PIN - 670 651. BY ADVS. P.V.ANOOP ANTONY THOMAS PHIJO PRADEESH PHILIP ANJU R S. RESPONDENT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX SMT.SREEJA V, - SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.5751/23 2
ORDER
This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.227 of
2023 of Aralam Police Station, which was registered for the offences punishable under Sections 363 of 370, 376(3) and Section 3(a) r/w Section 5(j)(ii) r/w Section 6(i) of the POCSO Act.
3. The prosecution case is that on 26.02.2023 at about
10 AM the petitioner lured the minor victim girl, aged 15 years, by making a promise to marry and took her to the Cemetery of Edoor Church on his motorbike and committed penetrative sexual assault on her. It is also alleged that consequent to the sexual assault, the victim became pregnant. The crime was registered in such circumstances as part of the investigation, the petitioner was arrested on 21.04.2023. Since then, he has been under judicial detention, and this application for regular bail is submitted in such circumstances.
4. Heard Sri.P.V.Anoop, learned counsel for the petitioner and Smt.Sreeja V., learned Public Prosecutor for the State. B.A.No.5751/23 3
5. The learned counsel for the petitioner submits that
the petitioner is innocent of all the allegations. He was falsely implicated, and now there is no purpose in keeping the petitioner under detention as the final report is submitted, contends the learned counsel for the petitioner.
6. On the other hand, the learned Public Prosecutor
opposes the said application by pointing out that there are serious allegations against the petitioner. It is confirmed that the final report is already submitted. Learned Public Prosecutor seeks for dismissal of the bail application, taking note of the possibility of influencing the victim and other witnesses.
7. I have gone through the records. From the statements of the victim before the Police as well as before the
learned Magistrate under Section 164 Cr.P.C., a clear description of sexual assault committed upon the victim is mentioned. The petitioner is a person aged 33 years, and the victim is only 15 years. It is also the fact that the victim became pregnant consequent to the sexual assault. When considering the nature of the allegations against the petitioner and the seriousness thereof, I am of the view that this is not a fit case in which bail can be granted to the petitioner even though the final
B.A.No.5751/23 4 report is submitted. The possibility of the witnesses being influenced cannot be ruled out. In such circumstances, I do not find any merit in this application, and accordingly, this bail application is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/2.8.23 B.A.No.5751/23 5 APPENDIX OF BAIL APPL. 5751/2023 PETITIONER ANNEXURES Annexure -B THE TRUE COPY OF THE ORDER OF THE SPECIAL JUDGE THALASSERY IN CRL.MC NO.1000/2023 DATED 06.06.2023 Annexure-C THE TRUE COPY OF THE ORDER OF THE SPECIAL JUDGE THALASSERY IN CRL.MC.NO.1167/2023 DATED 22.06.2023