Allowed

Vishnu Udhayan, v. State of Kerala

Kerala HC14 May 2024Bail Appl./2242/2024

Case brief

AI extract

What is this about?

Regular bail application by the second accused in a POCSO and IPC case alleging sexual assault of a 14-year-old girl. Court granted bail noting his limited alleged role, detention since February 2024, absence of flight risk, and no criminal antecedents.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000 with two solvent sureties for like sum, subject to trial cooperation and conduct conditions; cancellation possible on violation.

Vishnu Udhayan, Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946

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BAIL APPL. NO. 2242 OF 2024

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CRIME NO.168 OF 2024 OF ADIMALY POLICE STATION, IDUKKI

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PETITIONER/ACCUSED NO.2:

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VISHNU UDHAYAN,
AGED 19 YEARS
S/O. UDHAYAN, KAVUMKAL (H), MANJAPARA P.O.,
MANIPARA KARA, IDUKKI VILLAGE,
IDUKKI TALUK, IDUKKI DISTRICT, PIN – 685553

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BY ADVS.
B.SURJITH
RAHANA JOSE
LIJO JOSEPH
AKSHAYA REGHU

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682031

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 SRI. RENJITH GEORGE - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 2242 OF 2024

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MOHAMMED NIAS C.P., J.

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======================

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B.A.No. 2242 OF 2024

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======================

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Dated this the 14^th day of May, 2024

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O R D E R

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The petitioner filed this application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail. He is the 2^nd accused in Crime No.168 of 2024 of Adimaly Police Station, Idukki District, for offences punishable under Sections 450, 363, 370(4), 370A, 376(2)(n), 376(3), 354, 354A(1)(i) of the Indian Penal Code and Sections 4(2) r/w 3(a), 6 r/w 5(1), 8 r/w 7 of the Protection of Children from Sexual Offences Act.

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The prosecution case is that the petitioner/2^nd accused along with one another trespassed into the house of the victim girl aged 14 years at Mannamkandam Village, Valara Kara, 10^th Mile Bhagam and indulged in sexual intercourse with her on 27.12.2023. It is also alleged that on 31.12.2023 the petitioner/2^nd accused and another took the girl to a lodge at Kattappana, Vellayamkudi and repeated the same and thus committed the aforementioned offences. The petitioner was arrested on 11.02.2024 and has been in judicial custody since

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BAIL APPL. NO. 2242 OF 2024

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then.

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The learned counsel for the petitioner submits that

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the petitioner is innocent of the allegations levelled against him and falsely implicated in the crime.

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The learned Public Prosecutor opposed the petition.

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I have heard both sides.

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Considering the fact that the petitioner has been detained since 11.02.2024 and that the allegation against him is that he had dropped the 1^st accused near the house of the victim with no allegations of sexual assault against him and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner more so when no other criminal antecedents have been reported against the petitioner. Accordingly, this bail application is allowed, and the petitioner shall be released 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.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

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BAIL APPL. NO. 2242 OF 2024

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court having jurisdiction;

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ii. The petitioner shall fully cooperate with the trial and shall attend the court on all posting dates except when his absence is permitted by the court concerned;

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iii. He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

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iv. He shall not commit any offence while on bail;

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v. He shall not leave the country without the permission of the Court having jurisdiction;

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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 and pass appropriate orders in accordance with law.

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Sd/-

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MOHAMMED NIAS C.P.

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JUDGE

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BAIL APPL. NO. 2242 OF 2024

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APPENDIX OF BAIL APPL. 2242/2024

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PETITIONER ANNEXURES :

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ANNEXURE AFREE COPY OF THE ORDER DATED
06.03.2024 IN CRL.M.C.NO.117/2024 ON
THE FILES OF THE HONOURABLE SPECIAL
COURT UNDER POCSO ACT AND CHILDREN'S
ACT, THODUPUHA
ANNEXURE BTRUE COPY OF THE FIR IN CRIME NO.
168/2024 IN ADIMALY POLICE STATION
ANNEXURE CTRUE COPY OF FIRST INFORMATION
STATEMENT IN CRIME NO. 168/2024 IN
ADIMALY POLICE STATION

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// True Copy // PA To Judge

Vishnu Udhayan, v. State of Kerala

Case brief

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What did the court decide?

Vishnu Udhayan, v. State of Kerala

Case brief

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