O R D E R

The petitioner is the sole accused in Crime No.829/2017 of Pettah Police Station, Thiruvananthapuram for offences punishable under Sections 323 , 366, 354, 376(2)(n), 506(ii) IPC , Section 5 & 6 of the Protection of Children from Sexual Offences Act .

2. According to the prosecution, on 19.05.2017 at 11.00 p.m., the petitioner herein had attempted to commit sexual assault on the de facto complainant, who is a 23 year old law College student. While so, she allegedly chopped his private part with a sharp knife and substantially injured it. He was immediately rushed to the hospital. Crime was registered on the basis of the statement given by the victim at the Police Station on the same night. The petitioner herein who is in custody since then, seeks bail.

3. Learned counsel for the petitioner vehemently contended that, in the light of the serious nature of his aliment, that the petitioner herein is sought to be falsely implicated and that the victim herself has subsequently clarified her stand by way of an affidavit, the petitioner shall be enlarged on bail.

4. Learned counsel appearing for the de facto complainant who had filed an application to get herself impleaded, invited my attention to an affidavit filed by her, wherein she has taken a stand that the facts and averments both in the FIS and the statement given by the Magistrate by her were not true and has no factual bearing.

5. It appears that the FIS was taken on the basis of a detailed signed statement given by the victim to the Police. Thereafter, Section 164 Cr.P.C. statement reiterating the above version was also recorded. Having considered these, I am not inclined to give much credence to the affidavit filed by the victim at this length of time, taking a contrary stand.

6. An anxiety was expressed at the time of hearing regarding the physical condition of the petitioner herein. Learned counsel for the petitioner had highlighted the fact that petitioner had infection of Klebsiella organism. He needed special care and attention also. On the direction of this Court, a Medical Report was submitted by the Professor of Urology, Department of Urology, Medical College Hospital, who is attending the patient. The Doctor has asserted that patient is given daily dressing with wound care, in the best way possible. In the above circumstance, they decided to go for urinary diversion and performed suprapublic cystostomy. Fresh urine culture is sent and planning the definitive procedure for fistula closure. Thereafter, have resolved to go for further medical procedure. In the above circumstance, there need not be any anxiety on the part of the petitioner herein, regarding his treatment also.

7. Having regard to the serious nature of the allegations, the contrary stand taken by the victim now, and the submission of the learned Public Prosecutor that the investigation is nearing completion and that final report is expected to be filed shortly, I am not inclined to grant bail to the petitioner at this stage. However, it is made clear that, in the light of the medical condition, any further lawful direction which are deemed fit and necessary having regard to the specific medical condition of the petitioner herein can be considered and granted by the trial court, as and when situation arises.

Bail application is dismissed accordingly. However, this will not preclude the petitioner herein from moving for bail at the appropriate stage.