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Petitioner who is accused of abducting and having brutal sexual abuse with the victim cannot be entitled to bail as it will be injustice to the victim and will convey a wrong signal in the society and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN in the case of SUNIL N.S vs. STATE OF KERALA (BAIL APPL. NO. 2594 OF 2022) on 29^th March, 2022.

Brief facts of the case are as prosecution case is that as a part of conspiracy arrived between the accused persons, the victim was abducted and subjected to a brutal sexual abuse in a running car. The Petitioner is also charged under Secs.66E and 67A of the Information Technology Act, 2000.

Learned counsel for petitioner submitted that the petitioner is in jail for the last 5 years and 1 month and the trial is even now not concluded. The counsel also submitted that the lower court itself filed an application for extension of time before Supreme Court for finishing the trial and therefore, the trial will again delayed. The petitioner is ready to abide any conditions, if this Court grant him bail.

Learned Public Prosecutor seriously opposed the bail application. He submitted that the main witnesses are already examined and the trial is in the fag end. The Public Prosecutor also submitted that a strong prima facie case is made out against the petitioner in the trial and therefore, this Court may not entertain the bail application, at this stage.

In view of the facts and after hearing both sides Court held that the petitioner can be released on bail at this stage The trial court also considered this matter in detail in the bail order produced, there is no change of circumstances. The Public Prosecutor submitted that the trial is in the fag end. Moreover, it is also submitted that a further investigation is also going on. One of the ground mentioned in the bail application for getting bail is that, there is threat to the life of the petitioner in jail. If there is any such threat, jail authorities will do the needful. That is not a ground to release the petitioner on bail. And in a serious case like this, in which there are specific allegations against the petitioner, it is not appropriate to release the petitioner on bail. It will convey a wrong signal to the society. In such circumstances, the petitioner is not entitled bail pending trial. Therefore, this bail application is dismissed.

Click here to read the Judgment

Judgment reviewed by – Amit Singh