Sudheesh Kumar vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

The petitioner is arrayed as the third accused in Crime No.98 of 2020 of Puthoor Police Station, Kollam. The above case is registered against the

petitioner and others alleging offences punishable under Sections 450, 376 (2) (l), (n) of the IPC.

The prosecution case is that the petitioner and other accused sexually abused the victim who is suffering with some mental illness.

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

The counsel for the petitioner submitted that this is a false case foisted against the petitioner. The counsel submitted that the first accused in this

case is a regular visitor in the house of the victim. In such situation, the people in that locality objected the same. Hence, at the instance of the first

accused, the petitioner is implicated in this case. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail.

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that serious allegations are levelled against the petitioner. The

Public Prosecutor submitted that the petitioner may not be released on bail under Section 438 Cr.P.C in this case. The Public Prosecutor submitted

that custodial interrogation of the petitioner is necessary.

After hearing both sides, I think this is not a fit case in which the petitioner can be released on bail under Section 438 Cr.P.C. At this stage, the

counsel for the petitioner submitted that the petitioner will surrender before the investigating officer and co- operate with the investigation. Considering

the entire facts and circumstances, I think this bail application can be disposed of with the following directions:

The petitioner will surrender before the Investigating Officer within three weeks from today.

If the petitioner surrender before the Investigating Officer, the Investigating Officer can interrogate him. After interrogation if the petitioner is

arrested, he will be produced before the jurisdictional court on the same day.

At that stage, if any bail application is filed by the petitioner after giving prior notice to the Prosecutor concerned, the learned Magistrate will

consider the bail application preferably on the date of filing of the same itself.