The High Court granted bail to the petitioner, an adult male accused of sexual assault on a minor under IPC and POCSO, subject to strict conditions including bond, police appearance, and non-contact with the victim.
Petitioner released on bail on bond of Rs. 50,000 with sureties subject to conditions of appearance, non-entry, and non-contact with victim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945
BAIL APPL. NO. 617 OF 2024
CRIME NO.1641/2023 OF Chadayamanagalam Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CRMC 9/2024 OF DISTRICT COURT &
SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED
SUNDARAN ACHARI,
AGED 61 YEARS
S/O.KESAVAN ACHARI, R/O.CHARUVILA PUTHEN VEEDU,
CHOODAMUKAL, EDAMULAKKAL VILLAGE, KOLLAM DISTRICT,
PIN - 691305
BY ADVS.
K.SUDHINKUMAR
S.NITHIN (ANCHAL)
RESPONDENTS/STATE AND COMPLAINANT
1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 617 of 2024
2
O R D E R
This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.1641/2023 of Chadayamangalam Police Station, Kollam registered under Sections 354, 376(2)(n) and 376(3) of IPC, Sections 3(a), 4(2), 5l, 6(1), 7, 8, 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
B.A. No. 617 of 2024
3
false complaint was made against him.
(i) The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each
for the like sum to the satisfaction of the jurisdictional court.
(ii) Thereafter the petitioner shall appear before the SHO of Chadayamangalam police station on alternate Saturdays between 10.00 a.m and 11.00 a.m starting from 24.02.2024, for a period of three months.
(iii) The petitioner shall not enter the limits of Chadayamangalam Police Station, except for
the purpose of reporting before the SHO Chadayamangalam police station.
B.A. No. 617 of 2024
4
girl or her family members, and shall not cause
any kind of harassment to them either directly
or indirectly.
(v) The petitioner shall not commit any offence while on bail.
In case of violation of the bail conditions, the trial court is empowered to cancel the bail in accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
smm
2 issues framed by the court
Whether to grant bail to the accused alleging he is in judicial custody for alleged sexual offences against a child.
Whether to impose specific conditions including appearance before police, non-contact with victim, and restrictions on area entry.
3 provisions across 3 enactments
Sundaran Achari
State of Kerala
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court