The Kerala High Court in the case Nithinram R.S. v. State of Kerala observed and has remanded the bail application in a POCSO case for fresh consideration by the trial Court, wherein exercising the jurisdiction under Section 482 of Code of Criminal Procedure.
The Single bench headed by Justice K. Babu in the case observed and has directed the Trial Court for considering the entitlement of the petitioner for regular bail before 30.03.2023.
In the present case, the petitioner being the accused of offences punishable under section 450, section 376(2)(n), section 361 reading with Section 363, section 342, section 354-A (1)(i) of the Indian Penal Code, 1860 and Section 5(I) reading with Section 6, Section 7 r/w Section 8 of the Prevention of Children From Sexual Offences Act, 2012.
However, the petitioner filed a petition before the Additional Session Court for the trial of cases which relates to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram wherein seeking regular bail, thus, the court disposed of the same while granting an interim bail till 30.03.2023 at 3.00 PM, and further, it has been directed by the court to the petitioner for surrendering on the same date at 3.30 PM before the Superintendent of Sub Jail Attingal.
Therefore, the counsel appearing for the petitioner submitted before the court that the merits of the regular bail application filed by petitioner are not being considered by the Trial Court, the court disposed of the same after granting interim bail to the petitioner Further, the court also directed him to surrender before the Superintendent of Sub Jail, Attingal on 30.03.2023.
Accordingly, the court while considering these circumstances disposed of the application with the aforementioned directions.
Advocate Navaneeth N. Nath, Advocate Sanel Cherian, Advocate K.S. Stejo appeared for the petitioner.
The Public Prosecutor, Abhirami S. appearing on behalf of the State.