Nithinram R S vs State Of Kerala

K.Babu, J.

The prayers in this Crl.M.C are as follows;

1) Pass an order to modify Annexure A2, interim bail granted to the petitioner as an absolute bail.

2) Pass an order to delete the 1st condition imposed upon the petitioner in Annexure A2 bail order to surrender before the Superintendent of Sub Jail, Attingal at 3:30 PM on 30.03.2023 while granting interim bail to the petitioner and to declare that such a condition is onerous and unreasonable and is liable to be set-aside.

3) And also to grant such other relief's this Hon'ble Court may deem fit and proper in the interest of justice.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner is the accused in Crime No.336/2023 of Chirayankeezhu Police Station. The offences alleged are punishable under Sections 450, 376(2)(n), 361 r/w Section 363, 342, 354-A (1)(i) of IPC and Section 5(I) r/w Section 6, Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act,2012.

The petitioner has been in Judicial Custody since 07.03.2023. The petitioner filed Crl.M.P 612/2023 before the Additional Session Court for the trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram seeking regular bail. The Court below disposed of the bail application, the operative portion of which reads thus;

a) Interim bail is granted to the petitioner till 30.03.2023 at 3.00 PM. The petitioner shall surrender before the Superintendent of Sub Jail Attingal at 3.30 PM on 30.03.2023.

b) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties for like sum.

c)The petitioner shall not influence or threaten the witnesses including the victim.

d)The petitioner shall not have any form of communication or interaction with the victim

e) The petitioner shall not enter the place of abode of the victim.

f) The petitioner shall not involve similar type of offence while on bail.

g) The Copy of Hall Ticket is enclosed herewith for appropriate action and compliance of the order.

The learned counsel for the petitioner submitted that the trial Court has not considered the merits of the regular bail application filed by the petitioner, instead the Court granted only interim bail and disposed of the same. The petitioner has been directed to surrender before the Superintendent of Sub Jail, Attingal on 30.03.2023. As the petitioner filed an application seeking regular bail the Court below ought to have considered the entitlement of the petitioner to have regular bail.

Therefore, the Crl.M.P No.612/2023 is restored to file. The trial Court is directed to consider the entitlement of the petitioner for regular bail before 30.03.2023.

This Crl.M.C is disposed of as above.