The court affirmed that violating bail conditions, particularly regarding witness intimidation, justifies the cancellation of bail.

ORDER

Annexure A order of the Fast Track Special Court (PoCSO), Thiruvananthapuram, cancelling the bail of the accused in SC No.2633/2023 on the files of the said Court, is under challenge in this petition filed under Section 528 of BNSS, by the accused in that case. 2. SC No.2633/2023 on the files of the Fast Track Special Court(PoCSO), Thiruvananthapuram, arose out of Crime No.1218/2023 of Peroorkada Police Station, Thiruvananthapuram, in which the offences alleged were Sections 451, 354 and 354D IPC and Section 7 r/w Section 8 , Section 9 (l) r/w Section 10 and Section 11 (iv) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012 .

3. The allegation in the said case was that the petitioner trespassed into the house of a minor girl and resorted to sexual assault upon her. It was also alleged that the petitioner had uploaded obscene photographs in his Instagram account and displayed the same to the victim while nobody was there in her house. The petitioner was granted bail in the aforesaid case by the learned Special Judge on 30.9.2023, subject to 7 conditions. Among the aforesaid conditions, clause(c) was that the petitioner shall not influence or threaten the witnesses, including the victim.

Clause (d) was that the petitioner shall not have any form of communication or interaction with the victim. As per clause (e), the petitioner was restrained from entering the place of abode of the victim. As per clause (g) the petitioner was barred from involving in any type of offences while on bail.

4. The prosecution moved CMP No.216/2025 before the Special Court for cancellation of the bail granted to the petitioner in the aforesaid case, stating violation of conditions (c), (d), (e) and (g) mentioned above. It is pointed out that the petitioner persistently contacted the victim girl and resorted to threatening and physical assault upon her. FIR No.304/2025 of Peroorkada Police Station was registered in connection with such an offence committed by the petitioner on 19.02.2025. During the course of adducing evidence in SC No.2633/2023, the victim child mentioned the aforesaid acts of the accused, attempting to influence and intimidate her, after availing bail in that case. It is by taking note of the above aspects that the learned Special Judge cancelled the bail granted to the petitioner in SC No.2633/2023.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

6. According to the learned counsel for the petitioner, Crime No.304/2025 of Peroorkada Police Station is a false and frivolous case registered against the petitioner to see that he is confined to prison. It is argued by the learned counsel that the petitioner cannot be said to have involved in a Crime as alleged above, before the completion of the trial in that Crime.

7. It is pertinent to note that the act of the petitioner violating the bail conditions by attempting to influence and criminally intimidate the survivor girl, has been revealed by the survivor girl herself during the course of trial in SC No.2633/2023. The learned Special Judge was also convinced about the act of the accused resorting to violence and physical assault upon the survivor girl, at a time when he remained on bail in the earlier crime relating to sexual assault upon that girl. There is absolutely no illegality or impropriety in the order passed by the learned Special Judge cancelling the bail granted to the accused in SC No.2633/2023 for violation of bail conditions.

8. The learned counsel for the petitioner submitted that the petitioner has been grante