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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MUHAMMED NIHAL SON OF ABDUL NAJEEB – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
(P.V. KUNHIKRISHNAN, J.)
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita .
2. The petitioner is an accused in crime No. 984/2024 of Wandoor Police Station. The above case is registered against the petitioner alleging offence punishable under Secs. 332(b), 64(1), 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Secs.4(1) r/w 3(a), 6(1) r/w 5(j)(ii)(1), 12 r/w 11(iv) of Protection of Children from Sexual Offences (POCSO) Act, 2012.
3. The prosecution case is that, a day in the month of April, 2024, the child in conflict with law (CCL herein) with an intention to sexually assault the survivor, acquainted with her, by sending messages through telegram by pretending love and trespassed into the house of the survivor at Vaniyambalam Poochapoyil and committed aggravated penetrative sexual assault upon her. It is also alleged that, thereafter, he committed repeated rape upon the survivor on different dates and on 02.08.2024 at 12 am and made her pregnant. Hence, it is alleged that the petitioner committed the offences.
4. Heard the learned counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submit
Bail is the rule and jail is the exception, especially for juveniles, unless statutory exceptions apply.
The main legal point established in the judgment is that the gravity of the offence, the welfare of the victim, and the concerns of society must be considered when deciding on bail for a juvenile in ....
The court denied bail due to the serious nature of the offenses and potential risk to the victim.
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.
The Court grants bail based on the absence of criminal antecedents and time served in custody despite serious allegations.
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
Bail may be denied if allegations indicate serious sexual offences, especially involving minors.
Evidence of a consensual relationship can impact bail decisions in sexual offence cases.
The court adjudicated that the severity of allegations and absence of changed circumstances justified the denial of bail.
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