IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 7^TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 BAIL APPL. NO. 5168 OF 2024 CRIME NO.452/2024 OF Thadiyittaparamba Police Station, Ernakulam PETITIONER/S:

ARAVIND,AGED 19 YEARS,S/O SUBRAMANIAN, KOLLIMPURATHUKUDY, KAIPPOORIKARA, VAZHAKKULAM VILLAGE, ERNAKULAM DISTRICT, PIN - 683105 BY ADVS.

P.M.ARUN DAS K.ARUN RESPONDENT/S:

1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV BIBIN VARGHESE Sr PP Sri C.S Hrithwik THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.08.2024 ALONG WITH BA 5425/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 7^TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 BAIL APPL. NO. 5425 OF 2024 CRIME NO.451/2024 OF Thadiyittaparamba Police Station, Ernakulam PETITIONER/S:

XXX XXX BY ADVS.

C.A.CHACKO C.M.CHARISMA BABU V.P.

VISHNU S. MULLAPPALLY RESPONDENT/S:

1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV MEGHA K.XAVIER OTHER PRESENT:

Sr PP Smt Pushpalatha M.K THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

07.08.2024 ALONG WITH BA 5168/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

“C.R”

C O M M O N O R D E R

Dated this the 07th day of August, 2024 These applications highlight the plight of the so-called predators in the present crimes, who have become the actual victims of an orchestrated act of retribution by the so-called victim, and it demonstrates the perilous consequences that can arise due to the false accusations made by a victim.

2. The two cousin brothers of the victim, who endeavoured to intervene in her love affair and have been incarcerated for the past two months, seek to get themselves enlarged on bail.

3. B. A No.5425 of 2024 is filed by the accused in crime No.451 of 2024, which is registered against him by the Thadiyittaparamba Police Station, Ernakulam, for allegedly committing the offences punishable under Sections 354 and 376(2)(f) of the Indian Penal Code, 1860 (‘IPC’, in short,) and Sections 3(b) r/w 4(1), 5(n) r/w 6, 9(n) r/w 10 of the Protection of Children from Sexual Offences Act (‘POCSO Act’, for brevity).

4. B.A No.5168 of 2024 is filed by the accused in crime No.452 of 2024 of the same Police Station, which is registered against him for allegedly committing the offences punishable under Sections 376(2)(f), 376(3), 509 and 451 of the IPC and Sections 3(a) r/w 4(2), 5(l) r/w 6(1), 11(i) r/w 12 of the POCSO Act. As the victim is the same in the two crimes, the applications were consolidated, jointly heard and are being disposed of by this common order.

5. The prosecution allegation, in brief, in crime No.451 of

2024 is that; the accused (a 20-year-old boy) and the cousin brother of the victim (a 17-year-old girl), had, in the month of February 2023, entered her house and groped her breasts and inserted his finger into her genitals. Thus, he committed rape, aggravated sexual assault and outraged the modesty of the victim.

6. The crux of the prosecution case in crime No.452 of

2024 is that; the accused (a 19-year-old boy) and another cousin brother of the victim had, in the month of August 2017, while the victim was studying in the sixth standard, committed penetrative sexual assault on her. Subsequently, on 25.03.2023, the accused again trespassed into the victim’s house and made her hold his genitals. Accordingly, he, too, committed rape, aggravated sexual assault and outraged the modesty of the victim.

7. When the applications came up for consideration on

29.07.2024, the learned counsel for the petitioners and the learned counsel for the victim submitted that the disputes between the parties have been settled. The victim, who is now a major, has filed an affidavit in B.A.No.5425/2024, inter-alia, stating that the allegations in the crime are fa