P. V. KUNHIKRISHNAN
Selvaraj, C/o Thankam – Appellant
Versus
State of Kerala – Respondent
ORDER :
P.V.KUNHIKRISHNAN, J.
This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.
2. The petitioner is an accused in Crime No.98/2025 of Vellarada Police Station, Thiruvananthapuram. The above case is registered against the petitioner alleging offences punishable under Section 354A(1)(i) of IPC and Sections 8 r/w 7, 10 r/w 9(n)(p) of the POCSO Act.
3. The victim is a minor girl aged 14 years and she is studying in the 10 th standard. The accused is the grandfather of the victim. The accused is a rubber tapper. The prosecution allegation is that on 02.02.2024, while the victim was sleeping in the house of the accused, with sexual intent, he patted on her private parts through her dress. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is in custody from 18.01.2025. The counsel also submitted that the petitioner is ready to abide any conditions imposed by this Court, if this Court grants him bail.
6. The Public Prosecutor opposed the bail application.
7. Thi
Bail is the rule and jail is the exception; courts must ensure fair trial opportunities while considering the seriousness of allegations and the rights of victims.
Bail is the rule and jail is the exception, especially for juveniles, unless statutory exceptions apply.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
The Court grants bail based on the absence of criminal antecedents and time served in custody despite serious allegations.
The court found that bail was justified due to the accused's custody duration and absence of prior offenses despite serious allegations.
Bail is a rule and refusal is the exception; courts must grant bail when eligible conditions are met.
Court grants bail noting that further detention is unnecessary, requiring compliance with specified conditions.
Bail is the rule and jail is the exception, emphasizing the need for courts to grant bail when warranted, especially when conditions are satisfied.
The court determined that continued detention of the applicant was unnecessary due to lack of evidence and no criminal history, allowing bail with conditions.
Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied to ensure fair trial rights.
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