XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The father of the victim involved in crime No.2021 of 2025 of Kottayam East police station filed this Crl.M.C under Sec. 528 BNSS praying for setting aside Annexure-A3 bail order passed by the Sessions Judge, Kottayam, granting bail to the accused/2nd respondent, mainly on the ground that, before granting bail to the accused, no notice was given to the victim.

(2.) The offences involved in crime No.2021 of 2025 of Kottayam East police station are under Sec. 351 BNS and Sec. 4(2), 3(d), 8 r/w 7 of Protection of Children from Sexual Offences Act, 2012 (PoCSO Act). The allegation against the 2nd respondent is that on 14/11/2025 at about 2.15 p.m, he trespassed into the residence of the victim who was a minor boy aged 14 and committed penetrative sexual assault upon him and intimidated him not to disclose about the same to others. From the records it appears that the 2 nd respondent was arrested by the police on 15/11/2025 and as per Annexure-A3 order, he was released on bail.

(3.) From Annexure-A3 order, it is not clear as to whether any notice was given to the victim, before granting bail to the 2 nd respondent. In the above circumstances, the learned Public Prosecutor was directed to ascertain whether any such notice was given to the victim, before passing Annexure-A3 order.