Court emphasized bail's necessity, evaluating individual circumstances and trial participation assurances in criminal proceedings.

JUDGMENT

The appellant is the accused in S.C.No.1752 of 2021 on the files of the Fast Track Special Court, Kottarakkara which arises out of Crime No.2288 of 2020 of Kadakkal Police Station, Kollam.

2. The prosecution alleged that the accused had, on

18.09.2020, committed sexual assault on a minor victim aged 14 years and thereby committed the offences under Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012 apart from Section 3 (1)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 . The appellant was initially granted bail in the crime on 13.10.2020. However, as he allegedly absconded, the bail was cancelled in 2023 and and a warrant of arrest was issued against him. Thereafter, the appellant was arrested on 10.10.2025 and he has been in custody since then. His application for bail was dismissed by the impugned order dated 20.11.2025 and hence he has approached this Court.

3. I have heard the learned counsel for the appellant, the learned Public Prosecutor as well as the learned counsel for the 3^rd respondent.

4. Even though the appellant was initially granted bail in the crime, he had absconded and hence his bail was cancelled and he was taken into custody on 10.10.2025. For the last 70 days, he has been in custody. The circumstances as pointed out by the learned counsel for the appellant reveals that after the appellant was released on bail, he sustained a train accident and two of his fingers were amputated and he fell into a stage of coma due to a brain hemorrhage as a result of which he could not appear before the court.

5. Though the date on which he became injured or the date when he fell ill are not available, considering the period of custody already undergone by him, I am of the view that further detention is not necessary. Moreover the petitioner through the learned counsel undertook that he will not abscond and will participate in the trial without fail.

6. In such circumstances, I am of the view that the appellant ought to be released on bail.

7. In the result, this appeal is allowed on the following conditions :-

(a) Appellant shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Appellant shall co-operate with the trial of the case.

(c) Appellant shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Appellant shall not commit any similar offences while he is on bail.

(e) Appellant shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.