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Sunil Kumar vs State Of Kerala on 1 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY ,THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941

Bail Appl..No. 2162 of 2019

AGAINST THE ORDER IN CRL.MP 399/2019 of ADDITIONAL SESSIONS
COURT (ATROCITIES SEXUAL VIOLENCE AGAINST WOMEN AND
CHILDREN), THIRUVANANTHAPURAM DATED 16-03-2019

CRIME NO. 225/2019 OF Pangode Police Station ,
Thiruvananthapuram

PETITIONER/S:
SUNIL KUMAR,
AGED 39 YEARS
S/O.AYYAPPAN PILLAI, PLAVILA VEEDU,
THULASIMUKKU, KUMMIL VILLAGE, KOLLAM.

BY ADVS.
SRI.G.RANJU MOHAN
SMT.M.SANTHI (K/868/2011)

RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM.

OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
01.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2162/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No.2162 of 2019
———————————————-
Dated this the 1st day of April, 2019

ORDER

The petitioner is the sole accused in Crime No.225/2019 of

Pangode Police Station for offences punishable under Sections 377

IPC and Sections 3(a) r/w 4 5(l) r/w 6 of Protection of Children

from Sexual Offences (POCSO) Act, 2012.

2. The brief of prosecution case is that with the intention

to commit carnal intercourse against the order of nature, the

petitioner/ accused, aged 39 years had committed aggravated

penetrative sexual assault on the minor victim boy, aged 7 years by

penetrating his erected penis into the mouth of the victim on a day

while the minor victim boy was studying in 1st standard and the

accused had also made the minor victim boy caught hold of his

genitals on some other occasions from the residence of one Pacha

Palace Mohanan at Vazhathope and thereby he has committed the

above offences.

3. The learned counsel for the petitioner/accused would

submit that the petitioner/accused has been arrested on 3.3.2019

and he has been under judicial custody since then. The learned
B.A.No.2162/2019 3

counsel for the petitioner would urge that the allegations have been

falsely foisted on him and that he is a dance master and the minor

victim boy is also one of his students and the very fact that the

crime has been registered only after 2 ½ years after the incident in

question would clearly show that the allegations have been falsely

foisted on him etc.

4. Per contra, the learned Public Prosecutor would submit

that in view of the extreme perverted and ghastly manner of the

crime, it is quite natural that the minor victim boy, who was hardly

then 7 years, would have been highly traumatized and out of fear

and many other factors, the child would not have reported the

matter and the late reporting of the matter by itself cannot be the

basis to say that the allegations have been falsely foisted against

the petitioner. Further the learned Public Prosecutor would point

out that the allegations disclosed against the petitioner are very

grave and serious and the investigation is at the progressive stage

and it will be highly detrimental to the fair out of the investigation

process, if the petitioner is now released on regular bail as there is

likelihood of the petitioner to influence the witnesses including the

minor victim boy and his family etc.

5. After hearing both sides, this Court is of the considered
B.A.No.2162/2019 4

view that as the allegations disclosed against the petitioner are very

grave and serious and as the investigation has not so far been

completed and as there is likelihood of the petitioner influencing

the course of the investigation process and the trial process, it may

not be right and proper for this Court to exercise discretion to

grant regular bail to the petitioner, in the facts and circumstances

of this case. However, it is ordered that the investigating officer

will ensure that all reasonable endeavours are taken for completing

and finalising the investigation in Crime No.225/2019 of Pangode

Police Station without any further delay, so that the final report

could be filed before the competent Court with all expedition.

In the light of the above said aspects, it is ordered that the

above bail application will stand dismissed.

Sd/

ALEXANDER THOMAS, JUDGE.

acd
B.A.No.2162/2019 5
B.A.No.2162/2019 6
B.A.No.2162/2019 7

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