SARATH M.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein is the sole accused in Crime No.671/2023 of Thrikkakara Police Station. The offences alleged are under Ss. 450, 354, 354-B, 376 and 376(2)(n), read with Ss. 3, 4, 5(I), 6, 7 and 8 of the Protection of Children from Sexual Offences Act. Petitioner is aggrieved by Annexure-F Order, which cancelled his bail in the said crime, on the allegation that he trespassed into the house of the victim girl and attempted to influence/intimidate her. His case that he was permanently residing at Malappuram after obtaining the bail was disbelieved by the trial court, on the premise that he was immediately arrested after the incident, from Ernakulam. Thus, the trial court found that the petitioner violated condition nos.3 and 5 of the bail order in C.M.P.No.321/2023. It was accordingly that the bail was cancelled.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.

(3.) Though learned counsel for the petitioner submitted that the parameters considered by the trial court for cancellation of bail are not in accordance with law, it was incidentally submitted that the petitioner was arrested in the second crime (which led to the cancellation of bail in the earlier crime) on 4/5/2024 and that he has been in custody for the past nine months. Learned counsel would signify an undertaking on the part of the petitioner that no similar incident will be repeated and that he will not enter the district where the victim girl is residing.