IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941

Bail Appl..No.4018 of 2019

SC 639/2018 of ADDITIONAL DISTRICT COURT & SESSIONS COURT FOR THE

TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST

WOMEN AND CHILDREN, THIRUVANANTHAPURAM

PETITIONER/ACCUSED:

BAHULEYAN,

AGED 47 YEARS

S/O.LATE APPUKUTTAN, 2/571, THARATTAYI PUTHENVEEDU,

EDAKODE, PALLICKAL VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR

RESPONDENT/COMPLAINANT:

STATE OF KERALA,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM-682031.

SRI AJITH MURALI PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.06.2019,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Bail Appl..No.4018 of 2019

2

ORDER

This application is filed under Section 439 of the Cr.P.C.

2.

The applicant herein is the accused in S.C No.639 of 2018

on the file of the Additional Sessions Judge for the trial of cases

relating to Atrocities and Sexual Violence against Women and Children,

Thiruvananthapuram. He faces indictment under Sections 354(A)(iii)

IPC and Section 7 r/w Section 8, 9 (a)(iii) and (iv)(l)(m)(p) r/w.

Section 10, 11(i), 11(iii), 11(vi) r/w Section 12 of the Protection of

Children from Sexual Offences Act, 2012.

3.

The applicant is a Civil Police Officer. He used to work as a

Conductor of the school bus, in which students from the police

quarters were transported to the school. The victim is a minor child

aged about 8 years. The case of the prosecution is that the applicant

herein sexually molested the minor child on multiple occasions and at

various places. The applicant was arrested on 1.3.2018 and he

remains in custody. Earlier bail applications preferred by the applicant

were dismissed.

4.

Sri.Sasthamangalam S.Ajith Kumar, the learned counsel

appearing for the applicant, would contend that the applicant is

innocent of the allegations. The father of the victim is a police officer

Bail Appl..No.4018 of 2019

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and he had some grievance as against the applicant. This has

prompted him to persuade his child to level false accusations against

the applicant. The learned counsel would refer to the decision of the

Apex Court in Gudikanti Narasimhulu And Ors. v. Public

Prosecutor, High Court Of Andhra Pradesh (AIR 1978 SC 429)

and fervently contended that a person on bail has a better chance to

prepare or present his case than one remanded in custody. It was

urged that the fundamental postulate of criminal jurisprudence is the

presumption of innocence, meaning thereby that a person is believed

to be innocent until found guilty. According to the learned counsel,

while dismissing the earlier application, though this Court had directed

the trial court to conclude the trial in an expeditious manner, nothing

has transpired thereafter. It is urged that the earlier bail applications

were dismissed taking note of the apprehension of the prosecution

that the applicant would influence the witnesses and terrorize the

victim as he is a nearby resident. According to the learned counsel,

the applicant has been dismissed from service and he is living

elsewhere. Furthermore, the examination of the prime witnesses will

be over in the third and fourth week of June, 2019 and it is prayed

that necessary directions be issued to the learned Special Judge to

consider his application for regular bail thereafter.

Bail Appl..No.4018 of 2019

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5.

The learned Public Prosecutor has very strenuously opposed

the prayer. The acts committed by the applicant reek of extreme

depravity and the child, who was abused, was one of tender age. The

applicant is not entitled to any leniency is the submission.

6.

In view of the submission of the learned counsel appearing

for the applicant that the trial is unduly delayed, a report was called

for from the