Prasanth vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.227 of 2020 of Mundakayam Police Station, Kottayam district, registered for the offences punishable under Sections 450, 376, 376(2)(n), 379, 411 r/w Section 34 of the Indian Penal Code, 1860 and also under Section 4 r/w Section 3(b), Section 6 r/w Section 5(l) and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, petitioner had committed penetrative sexual assault on a minor victim aged 17 years. Initially, petitioner was arrested on 23.03.2020, but was later released on 15.06.2020. After filing the final report, the case was numbered as S.C.No.301/2020 before the Special Court for POCSO Offences, Kottayam. In the meantime, the case was transferred to the Special Court for POCSO Offences, Changanassery. However, after the case was so transferred to Changanassery, petitioner failed to appear, and therefore the bail bonds were cancelled and warrant issued. Later, the case was transferred to the long pending list as L.P.No.7/2022. Consequent to the same, petitioner was arrested on 04.08.2022 and he has been in custody since then.

Sri.P.A.Mujeeb, the learned counsel for the petitioner, submitted that the omission to appear before the Special Court for POCSO Offences, Changanassery; was on account of a mistake as the petitioner was not properly informed about the transfer or the dates of posting. It was further submitted that petitioner is willing to abide by any condition that may be imposed upon him and that having regard to his young age, the continued detention ought not be permitted.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the petitioner had failed to abide by the conditions imposed in the earlier bail application and, therefore, there is apprehension that he may fail to appear before the trial court again.

I  have  considered  the  rival  contentions.   Admittedly,  the case against the petitioner was transferred from the Special Court, Kottayam to the Special Court for POCSO Offences, Changanassery. Bearing in mind the possibility of a genuine omission, I am of the view that since the petitioner was arrested on 04.08.2022, further detention is not essential.

Therefore, the petitioner is entitled to be released on bail.

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

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner  shall  co-operate  with  the  trial  of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.