Sreejith Prabhakar vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.590/2023 of Vellikulangara Police Station, Thrissur registered under Sections 450, 354(B), 354(A))1)(i), 376(3), 354(D)(1), and 506(ii) of IPC and Sections 4(2) r/w 3(a), 6(1) r/w 5(j)(ii), 8 r/w 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The prosecution allegation is that, on 20/4/2023 at 9.30 pm, the petitioner criminally tresspassed into the house of the survivor who was a minor girl aged 16 years, committed penetrative sexual assault, and thereby she became pregnant.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor vehemently opposed the bail application.

Learned counsel for the petitioner would submit that, he was arrested on 15/9/2023, and he is in judicial custody for the last 207 days. He was in a relationship with the survivor girl and two more crimes were registered against him, at the instance of the very same survivor girl. Those two cases were tried, and he was acquitted in both cases. During trial of those cases the survivor girl admitted before court that she was in an affair with the petitioner. The investigation is completed and the final report has been filed.

In such circumstances, this court is inclined to allow this application on the following conditions:-

(i). The petitioner shall be released on bail on executing bond for Rs.1 lakh (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

(ii). The petitioner shall not enter the limits of Thrissur district except for the purpose of appearing before the trial court, till the survivor girl is examined in SC No.158/2024 pending on the file of Special Court, Chalakudy.

(iii). The petitioner shall not contact the victim or her family members and shall not cause any kind of harassment to them, directly or indirectly.

(iv). The petitioner shall not influence or intimidate the witnesses or tamper with the evidence.

(v). The petitioner has to surrender his passport before the arresting officer at the time of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect.

(vi). The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

(vii). The petitioner shall not commit any offence while on bail.

(viii). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.