Bail should be denied in serious offenses like sexual assault against minors to prevent potential intimidation of the victim.

O R D E R

The petitioner is the 1st accused in Crime No.1244/2023 of Vattppara Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 376 , 376 (2) (f)(n), 354, 354 (a) (1) (i), 354 (B), 506 (i), 509 and Section 34 of the Indian Penal Code and Section 9 (n), 3 (a) read with 4 (l), 5 (l), 5 (n) read with 6, 7 read with 8, 9 (l)(n) read with 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

2. The prosecution allegation is that in the month of June 2022, the petitioner sexually assaulted the victim and removed her clothes with an intent to commit rape on her. It is alleged that thereafter in the month of May, 2023 at about 11 a.m the petitioner again sexually assaulted the victim by tying her hands and legs to a cot and committed penetrative sexual assault on her. It is submitted that the act was committed after inserting a piece of cloth in the mouth of the victim. It is submitted that the 2nd accused in the case is the mother of the victim who is stated to have actively assisted the commission of offence by the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner and the victim were in a relationship. It is submitted that thereafter when the victim started relationship with another boy, false allegations have been raised against the petitioner as also against the mother of the victim. It is submitted that the petitioner has been in custody from 11-08-2023 and further detention of the petitioner is not necessary in the facts and circumstances of the case.

4. The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the petitioner is a distant relative of the victim. It is submitted that going by the first information statement of the victim there is some sort of relationship between the petitioner and the mother of the victim. It is submitted that the first information statement also reveals that the mother of the victim had actively assisted the petitioner / accused in committing the offence against the victim. It is submitted that the same allegations have been repeated in the statement recorded from the victim under Section 164 Cr.P.C. It is submitted that in the month of May 2023 the petitioner committed penetrative sexual assault on the minor victim after tying her hands and legs to a cot and after stuffing a piece of cloth into her mouth with the active support of her mother.

5. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and considering the heinousness of the offence and the nature of the allegations against the petitioner, I am of the view that the petitioner is clearly not entitled to bail. The victim was aged only 16 years. According to her the petitioner committed penetrative sexual assault on her after tying her hands and legs to a cot and after stuffing a piece of cloth into her mouth. The petitioner is also stated to be a distant relative of the victim. According to the victim there is some sort of relationship between the petitioner and the mother of the victim. In such circumstances, it is clear that if bail is granted to the petitioner there is every chance of the minor victim being intimidated or influenced. Therefore this is a fit case where custodial trial is warranted. Bail application is dismissed.

The registry shall communicate a copy of this order to the jurisdictional court.