Sooryanarayan G (Renjith ) vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The  applicant  is  the  sole  accused  in  Crime No.160/2023 of Malayinkeezhu Police Station, Thiruvananthapuram. The offences alleged are punishable under Section 377 of the IPC and Sections 3 (a), 3 (d), 5 (l), 5 (p) r/w 6 of the POCSO Act.

The prosecution case, in short, is that the applicant, who is a Poojari of Melamcode Temple, used to visit the house of the victim aged 13 years, to participate in pooja’s. In April 2021 at about 1 p.m., the applicant sexually assaulted the victim by touching his private parts with sexual intent and also committed carnal intercourse with him against the order of the nature and thereby committed the offences.

I have heard Sri.George Sebastian, the learned counsel for the applicant and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 08.02.2023. The investigation is over and the final report has already been filed. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant 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 applicant shall not commit any offence of a like nature while on bail.

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

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

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.