Anurag @Appu vs State Of Kerala And Ors

The appellant is the petitioner in Crl.M.P.No.872 of 2021 on the file of the Special Court for Trial of Offences Relating to Atrocities against

Women and Children including PoCSO Cases (Additional Sessions Court - I), Alappuzha. It is an appeal filed under Section 14A(2) of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Crime No.129 of 2021 of the Kanakakkunnu Police Station was registered against the appellant alleging offences punishable under Sections 363,

354, 354A(1)(i), 354D(1)(i) of IPC, Section 8 r/w 7, 12 r/w 11(v) of PoCSO Act, Section 84 of the Juvenile Justice (Care and Protection of Children)

Act and under Sections 3(2)(v), 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The prosecution case is that the accused with an intention to commit sexual assault on the minor victim girl, aged 13 years, who belongs to

scheduled caste and scheduled tribe community, kidnapped from her lawful guardian to the first floor of the unfinished auditorium near Evoor Temple

and then he hugged and kissed the victim on her neck, chest and pressed on her chest and thereby committed the above said offences.

The appellant was arrested on 27.03.2021 and he is in custody. A bail application was filed before the Special Court. The learned Judge dismissed

the bail application as per the impugned order in this appeal.

Heard the learned counsel for the appellant and the learned Public Prosecutor. When this matter came up for consideration on 11.05.2021, this

Court passed the following order:

“P.P. will instruct the investigating officer to issue a notice to 3rd respondent victim in this case informing that the above appeal is posted for

hearing on 14.05.2021 as to be spoken to.â€​

The learned Public Prosecutor submitted that notice is served to the victim. No body appeared for the victim.

The learned counsel for the appellant submitted that the appellant is in custody from 27.03.2021 onwards. The learned counsel submitted that the

appellant is ready to abide any conditions if this Court grant him bail. The learned Public Prosecutor even though oppose the same, submitted that if

this Court is granting bail, stringent conditions may be imposed.

After hearing both sides, I think this Criminal Appeal can be allowed and the appellant can be released on bail considering the fact that the appellant

is in custody from 27.03.2021. I also take note of the present pandemic situation while considering the above bail application.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd

wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering this appeal. The life is more important than

anything. Therefore, I am considering this appeal based on the above pandemic situation.

This Criminal Appeal is allowed. The impugned order is set aside. The bail is granted on the following conditions:

Appellant 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 jurisdictional Court.

The appellant shall appear before the Investigating Officer for interrogation as and when required. The appellant shall co-operate with the

investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer.

Appellant shall not leave India without permission of the jurisdictional Court.

Appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

The appellant shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social

distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the appellant, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.