Allowed

Sasikumar S v. State of Kerala

Kerala HC4 Apr 2023Bail Appl./2630/2023

Case brief

AI extract

What is this about?

The Kerala High Court granted regular bail to a physical trainer accused under POCSO, releasing him on Rs. 1 lakh bond subject to conditions including prohibiting contact with witnesses and restricting entry into the jurisdiction of the police station.

What did the court decide?

Application allowed; petitioner released on bail executed bond for Rs. 1,00,000 with two sureties and subjected to multiple restrictive conditions.

Sasikumar S Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

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B.A No. 2630 of 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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
BAIL APPL. NO. 2630 OF 2023

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(CRIME NO.159/2023 OF TOWN NORTH POLICE STATION, PALAKKAD)

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PETITIONER/ACCUSED:

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SASIKUMAR S.
AGED 47 YEARS
S/O RAMANKUTTY NAIR, SASI NIVAS, MANKURUSSI P.O.
PALAKAKD, PIN - 676613
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.

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RESPONDENT/STATE:

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STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM (CRIME NO 159/2023 OF TOWN NORTH POLICE
STATION, PALAKKAD)., PIN - 682031

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BY SHRI.T.R.RENJITH, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

B.A No. 2630 of 2023

O R D E R

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

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2 . The petitioner is the sole accused in Crime No. 159/2023 of Town North Police Station, Palakkad. The offences alleged against the petitioner are punishable under Section 8, read with Section 7, Section 10, read with Section 9(1), Section 12, read with Section 11(i) of the Protection of the Children from Sexual Offences (POCSO) Act.

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3 . The prosecution case is as follows: The petitioner is a physical trainer at AFPT Institute, functioning in front of Priyadarshini Theatre, Palakkad. The victim, a boy aged 17 years, was undergoing training under him. According to the prosecution case, on 09.08.2022 at about 7.30 a.m., the petitioner had taken the victim to a room under the guise of giving special training and made him lie in the corridor of the institute and, with sexual intent, pressed the stomach of the victim. Thereafter, the petitioner inserted his hands inside his trouser, caught hold of the victim's male organ, pressed it forcefully, and then shook it up and down. The crime was registered in such circumstances, and the petitioner was arrested in connection with the investigation of the

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B.A No. 2630 of 2023

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said case on 08.02.2023. Since then he has been under judicial detention, and this application for regular bail is submitted in such circumstances.

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4 . Heard, Sri. S.Rajeev, the learned counsel appearing for

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the petitioner and Sri. T.R Renjith, the learned Public Prosecutor, appearing for the State.

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5 . The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. It is also pointed out that, the investigation, in this case, is already over and a final report has been submitted. Therefore, further incarceration of the petitioner is not at all necessary.

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6 . On the other hand, the learned Public Prosecutor would oppose the aforesaid contentions. It is pointed out that the earlier application submitted by the petitioner for regular bail was rejected as per Annexure-I order. It is pointed out that, even though a final report has been submitted, the petitioner cannot be released on bail, as there is a chance of influencing the victim and other witnesses.

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7 . I have gone through the records and heard the contentions raised from both sides. It is true that, as per Annexure-I, the earlier bail was dismissed. However, now it is

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B.A No. 2630 of 2023

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pointed out that the investigation in this case is already over, and therefore, further incarceration of the petitioner appears to be not necessary. But the apprehension voiced by the learned Public Prosecutor as to the possibility of influencing the victim cannot be ruled out. However, in my view, the same can be addressed by incorporating appropriate conditions to ensure that the petitioner is not contacting the victim.

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In such circumstances, the application is allowed directing the release of the petitioner on bail subject to the following conditions:-

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i) The petitioner 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 Court.

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ii) The petitioner shall fully cooperate with the investigation.

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iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

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iv) The petitioner shall also appear before the Investigating Officer as and when required.

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B.A No. 2630 of 2023

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v) The petitioner shall not commit any offence of similar

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nature while on bail.

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vi) The petitioner shall not make any 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.

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vii) The petitioner shall not enter into the territorial limits of Town North Police Station, Palakkad, until further orders except for complying with condition Nos.(iii) & (iv).

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viii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

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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 of bail, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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ZIYAD RAHMAN A.A

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JUDGE

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rpk

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B.A No. 2630 of 2023

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APPENDIX OF BAIL APPL. 2630/2023

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PETITIONER’S ANNEXURES
Annexure-IA TRUE COPY OF THE ORDER IN B.A. NO.
1654/2023
Annexure-IIA TRUE COPY OF THE ORDER DATED 16.03.2023
IN CRL MP NO. 1053/2023 PASSED BY THE
COURT OF SESSIONS, PALAKKAD

Sasikumar S v. State of Kerala

Case brief

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Sasikumar S v. State of Kerala

Case brief

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