Kerala High Court
Amal Raj.P vs State Of Kerala on 2 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA,
1947
BAIL APPL. NO. 7837 OF 2025
CRIME NO.8/2021 OF THALASSERY POLICE STATION,
KANNUR AGAINST THE ORDER/JUDGMENT IN SC NO.882 OF 2021
OF FAST TRACK SPECIAL COURT, THALASSERY.
PETITIONER:
AMAL RAJ.P,
AGED 25 YEARS,
S/O REJI.P, AYANIYATTU MEETHAL HOUSE,
CHEMBRA, PARAL P.O, PALLOOR P.S,
PUTHUCHERRY, NOW RESIDING AT NO:2,
2NDMAIN,RAMAYYAGARDEN, 9THCROSS,BTM
1STSTAGE,TAVAREKERE, DHARMARAM COLLEGE,
BANGALORE, KARNATAKA, PIN - 560 029.
BY ADV SMT.ANAKHA BABU
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.7837 of 2025
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Dated this the 2nd day of July, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).
2. Petitioner is the accused in Crime No.08/2021 of
Thalassery Police Station, Kannur, which is now pending as
S.C.No.882 of 2021 before the Fast Track Special Court,
Thalassery, registered for the offences punishable under
sections 363, 370, 376(2)(n), 370A(1), 370(4) and 506(i) of the
Indian Penal Code, 1860 and Section 4 r/w Section 3(a), Section
6 r/w Section 5(l), Section 12 r/w Section 11 and Section 15(1)
of the Protection of Children from Sexual Offences Act, 2012
(for short ‘POCSO Act‘) apart from Sections 66E and 67(a)(c) of
the Information Technology Act, 2000.
3. Petitioner is alleged to have committed penetrative
sexual assault on a minor victim on 29.08.2018 and recorded the
videos and forwarded it to the victim and later threatened her to
further indulge in sexual intercourse repeatedly.
4. After petitioner was arrested in the said crime, he
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was granted bail. In the meantime, he absconded and,
therefore, the trial scheduled on 06.12.2023 could not take
place. Thereafter, a non bailable warrant was issued against
him, and he was arrested on 26.04.2025. The bail application
filed by the petitioner was rejected by the trial court, noticing
the possibility of him absconding again.
5. The learned counsel for the petitioner submitted
that petitioner is totally innocent and his further detention
ought not to be permitted.
6. The learned Public Prosecutor opposed the bail
application.
7. Petitioner is a young person of 25 years in age. He
was granted bail in the crime initially. However, since he did
not appear on the date, the case was scheduled for trial, his bail
was cancelled and a non bailable warrant was issued. Since the
trial has not yet commenced, there is bound to be delay.
Petitioner has been in custody since 26.04.2025. Though the
learned Public Prosecutor pointed out that there is every chance
that petitioner may abscond again, I am of the view that strict
conditions can be imposed to ensure that petitioner does not
abscond.
8. In the above circumstances, I am of the view that
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the petitioner should be released on bail on strict conditions.
In the result, this application is allowed on the
following conditions:-
(a) Petitioner 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) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall appear before the Thalassery
Police Station every Second Saturday between 10.00
am and 12.00 pm until conclusion of the trial.
(d) Petitioner shall not intimidate or attempt to
influence the witnesses; nor shall he attempt to
tamper with the evidence.
(e) Petitioner shall not commit any similar offences
while he is on bail.
(f) Petitioner 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.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
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APPENDIX OF BAIL APPL. 7837/2025
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE ORDER DATED
12/06/2025 IN THE BAIL APPLICATION
FILED AS CRL.MP NO.390/2025.