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
