Kerala High Court
Jobin vs State Of Kerala on 18 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:43222
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF JUNE 2025/28TH JYAISHTA, 1947
BAIL APPL. NO. 7551 OF 2025
CRIME NO.363/2025 OF ANCHUTHENGU POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED
27.05.2025 IN BAIL APPL. NO.6659 OF 2025 OF HIGH COURT OF
KERALA.
PETITIONER:
JOBIN,
AGED 22 YEARS,
S/O XAVIER, PUTHUMANAM PURAYIDAM VEEDU,
MAMBALLY, ANCHUTHENGU, NOW RESIDING AT
LAKSHAM VEEDU, POLAKKAL, MAMBALLY,
ANCHUTHENGU VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 309.
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. M.P.PRASANTH, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.7551 of 2025
2025:KER:43222
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.7551 of 2025
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Dated this the 18th day of June, 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.363 of 2025 of
Anchuthengu Police Station, Thiruvananthapuram, registered for the
offences punishable under Sections 376 and 450 of the Indian Penal
Code, 1860 (for short ‘IPC‘) r/w Section 3(a) of the Protection of
Children from Sexual Offences Act, 2012 (for short ‘POCSO Act‘).
3. The prosecution case is that the petitioner on the promise
of marriage, invited the victim, a minor girl to come to her bathroom
attached to her house on a day in 2022 at 0.30 A.M and when the
victim came to the bathroom the petitioner embraced and kissed her.
Thereafter the petitioner removed her dress and had sexual
intercourse on the pretext of marriage and thereby committed the
offences alleged. Petitioner was arrested on 11.04.2025 and he has
been in custody since then.
4. I have heard Sri.Latheesh Sebastian, the learned counsel
for the petitioner as well as Sri.M P Prasanth, the learned Public
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Prosecutor.
5. The learned counsel for the petitioner pointed out that in
S.C.No.230/2024 of the Fast Track Special Court,
Thiruvananthapuram, the Sessions Court had acquitted him on
20.02.2025 for the offences under Section 354A of the IPC, apart from
Section 7 of the POCSO Act.
6. The learned Public Prosecutor opposed the bail
application and pointed out that the petitioner is involved in another
crime under the POCSO Act itself.
7. The petitioner is a young boy of 22 years. He is alleged to
have committed penetrative sexual assault on a minor victim when
she was aged 14. The incident came to light when the victim was
subjected to a medical test and she divulged the incident to her
Doctor. However when the statement of the victim was taken by the
learned Magistrate, she said that she had no complaint against the
accused.
8. Considering the nature of the offence alleged, I am of the
view that lack of consent is not a reason and hence the offences
alleged against the petitioner are serious in nature. However, taking
note of the young age of the petitioner as well as the period of
detention already undergone by him from 11.04.2025, I am of the view
that further detention is not necessary as it may amount to punishment
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before conviction.
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 not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence
or contact the victim or her family members;
(d) Petitioner shall not commit any similar offences while he
is on bail.
(e) 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
Bail Appl. No.7551 of 2025
2025:KER:43222
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APPENDIX OF BAIL APPL. 7551/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE REMAND APPLICATION OF
THE INVESTIGATING OFFICER WHILE
ARRESTING THE PETITIONER ON 11.04.2025
IN CRIME NO.363 OF 2025 OF ANCHUTHENGU
POLICE STATION DATED 12.04.2025 IN
SEALED COVER.
Annexure 2 TRUE COPY OF THE ORDER OF THE ATROCITIES
AND SEXUAL VIOLENCE AGAINST WOMEN AND
CHILDREN, THIRUVANANTHAPURAM IN CRL.M.P
NO 1063/2025 DATED 30.04.2025.