Jobin vs State Of Kerala

Shircy V, J

This application for regular bail has been filed by the petitioner who is the accused in crime No.386/2020 of Marangattupilly Police Station,

Kottayam District registered for the offences punishable under Sections 376(2)(h), 376(2)(n) and 376(3) of the Indian Penal Code and Sections 3(a),

4, 5(j)(ii), 5(I), 5(n) and 6 of the Protection of Children from Sexual Offences Act seeking his enlargement on bail.

Admittedly in this case investigation is over and charge sheet has been filed against the accused and it is pending as S.C.No.204/2021 before the

Additional Sessions Court, Kottayam.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

No doubt, the allegation levelled against this petitioner is grave and serious in nature. The prosecution has a case that he had committed penetrative

sexual intercourse on a minor child aged only 13 years and thus impregnated her. There by this petitioner has been booked for the aforesaid offences.

Admittedly now the trial of the case has commenced before the trial court. The petitioner is a relative of the victim and it is submitted by the

learned counsel for the petitioner that he took up residence in the house of the victim for quite some time but he is innocent.

Prima facie it is seen that he had exploited the situation and committed the grave and heinous offences against the minor child aged 13 years. As

the case is pending for trial, I think that granting of bail at this stage will definitely upset the trial of the case. Moreover there is every possibility to

intimidate and threaten the minor child/the victim if he is granted bail at this stage.

So for a fair and smooth trial, I think that it is not justifiable to release him on bail at this stage. Considering all these facts, I am compelled to dismiss

this petition.

Dismissed.