ADARSH AJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No. 57/2021 of Mulamthuruthy Police Station, Ernakulam District alleging commission of offences punishable under Ss. 450, 376, 376(2)(n) of the Indian Penal Code read with Ss. 6, 5(1), 4 and 3 of the Protection of Children from Sexual Offences Act,2012.

(2.) The allegation against the petitioner is that the petitioner sexually assaulted committed rape on the victim (aged 16 years) in October, 2021. It is alleged that the offence was repeated in the month of December, 2021. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that with reference to Annexures I, II and III that the petitioner is suffering from certain psychological disorders. It is submitted that the petitioner and the victim were students of a Special School and were acquainted from there. It is submitted that the petitioner is only 18 years of age and his continued detention is not necessary in the facts and circumstances of the case, considering the fact that, the petitioner has been in detention from 19/1/2022.

(3.) The learned Public Prosecutor opposes to grant of bail. It is submitted that pursuant to the order passed by this Court on 18/3/2022, the petitioner has been subjected to a medical evaluation, which shows that he does not suffer from any kind of psychological or other illness. It is submitted that the plea of the petitioner with reference to Annexures I to III therefore cannot be taken into consideration by this Court. It is submitted that the petitioner committed the offence on the victim, who suffers from autism and this is a factor which is to be kept in mind while considering the bail application of the petitioner.