Dineshan @ Ganeshan vs State Of Kerala

Dr. Kauser Edappagath, J

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

The petitioner is the accused in Crime No.622/2022 of Adhur Police Station, Kasaragod. The offences alleged are punishable under Sections 450, 376AB, 506 of IPC and Sections 5(m) r/w 6 of POCSO Act.

The prosecution case in short is that one day in the year 2018, the petitioner trespassed into the house of the survivor in the absence of her parents and committed penetrative sexual assault on the survivor and thereby committed the offences as alleged.

Heard Sri.P.Rakesh Thamban, the learned counsel for the petitioner, Sri.C.S.Hrithwik, the learned Public Prosecutor and perused the case diary. Notice has been served to the victim, but there is no appearance.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the petitioner was remanded to judicial custody on 03.11.2022. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The final report has already been filed. For all these reasons, the petitioner is entitled to be released on bail on conditions.

In the result, the application is allowed on the following conditions:-

(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 Magistrate/Court.

(ii) The petitioner shall not commit any offence of like nature while on bail.

(iii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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