Allowed

Retheesh v. State of Kerala

Kerala HC2 Jun 2023Bail Appl./1205/2023

Case brief

AI extract

What is this about?

This is a regular bail application in a case involving sexual assault against a juvenile. The High Court rehearsed the order and granted bail on strict conditions after the victim was cross-examined, finding that continued detention would amount to punishment before conviction.

What did the court decide?

Petitioner released on bail on executing a bond of Rs.50,000 with two sureties, appearing in court, not contacting the victim, and not leaving Kerala until trial concludes.

Retheesh Vs State of Kerala — Child Custody and Guardianship | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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FRIDAY, THE 2^ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945

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BAIL APPL. NO. 1205 OF 2023

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CRIME NO.799 OF 2022 OF ADIMALY POLICE STATION, IDUKKI

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PETITIONER/ ACCUSED :

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XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

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BY ADV LATHEESH SEBASTIAN

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RESPONDENTS/ STATE & VICTIM :

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031

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2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

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BY SMT.SREEJA V., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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BAIL APPL. NO. 1205 OF 2023

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BECHU KURIAN THOMAS, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=

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B.A.No.1205 of 2023

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=-=-=-=-=-=-=-=-=-=-=

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Dated this the 2^nd day of June, 2023

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ORDER

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This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

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Petitioner is the accused in Crime No.799/2022 of Adimali Police Station, Idukki, alleging offences punishable under Sections 354A(I)(i), 376, 376(2) and Section 376(3) of the Indian Penal Code 1860 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 4(2) r/w Section 3(a), Section 6 r/w Section 5(j)(l), Section 5(l) and Section 5(n) of Protection of Children from Sexual Offences Act, 2012.

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According to the prosecution, petitioner who is the brother-in-law of the victim, subjected her to penetrative sexual assault from 24.12.2021 to March 2022 and thus committed the offences alleged.

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Sri.Latheesh Sebastian, the learned counsel for the petitioner contended that on an earlier occasion, when the petitioner approached this Court in B.A.No.9136 of 2022, the application was rejected, primarily relying upon the observation of the learned Sessions Judge that petitioner can move the bail application, after the victim is examined and since such examination had not taken place, petitioner was disentitled to seek bail.

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BAIL APPL. NO. 1205 OF 2023

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The learned counsel submitted that in the meantime, the trial commenced and the victim and other witnesses have already been examined and therefore, petitioner ought not to be detained in jail especially since he was arrested as early as on 31.07.2022.

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Smt.Sreeja V., the learned Public Prosecutor opposed the grant of bail and submitted that even though the victim has already been examined, since the trial is continuing, if the petitioner is released on bail, there is every chance that he may influence the remaining witnesses and even evade the trial. The learned Public Prosecutor also submitted that considering the heinousness of the crime and also the young age of the victim, petitioner ought not to be released on bail.

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On a consideration of the rival contentions, this Court notices that in the order dated 02.12.2022 in B.A.No.9136 of 2022, this Court had observed that since the victim was not examined and the trial had not yet commenced, petitioner cannot be released on bail. Admittedly, the victim has now been cross-examined. Her evidence is complete. Though the trial is going on, few other witnesses have already been examined. In the above circumstances, considering the period of detention already undergone, I am of the view that, notwithstanding the heinousness of the crime, petitioner can be released on bail on strict conditions as otherwise it would amount to punishment before conviction.

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Accordingly, this application is allowed on the following conditions :-

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BAIL APPL. NO. 1205 OF 2023

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(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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(b) Petitioner shall participate in the trial without fail and shall appear before the trial court on every posting date.

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(c) Petitioner shall not contact the victim or her immediate relatives either directly or indirectly, until conclusion of trial .

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(d) Petitioner shall not leave the State of Kerala until conclusion of trial.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

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BECHU KURIAN THOMAS, JUDGE

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RKM

Retheesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Retheesh v. State of Kerala

Case brief

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What did the court decide?

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