Akshay Karan vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the sole accused in Crime No.1495/2022 of Ernakulam Town South Police Station. The offences alleged are punishable under Sections 376(2)(n), 376 AB of IPC and Sections 3(b), 4, 5(m), 5(n), 6, 9(m), 9(n), 9(p), 10 of POCSO Act.

The prosecution case, in short, is that, since, June 2021 the applicant repeatedly raped the victim and also committed aggravated penetrative sexual assault on her by inserting his finger into her vagina and thereby committed offence.

I have heard Smt.Geetha Job, the learned counsel for the applicant and Sri.Hrithwik C.S., the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 16.12.2022. I went through the FIS. The applicant is none other than the friend of step father of the victim. The victim is aged only 8 years and she is studying in 2nd standard. Another crime was registered against her step father on the allegation that he committed rape on her on several occasions. The allegation against the applicant is that he also committed rape on her on several occasions, by entering into the house with the consent of the step father. The applicant is not a Keralite. The accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part.

Considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.