Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. 

The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. 

The petitioner is accused of offences punishable under Sections 450, 376(2)(n), 361 r/w Section 363, 342, 354-A (1)(i) of IPC and Section 5(I) r/w Section 6, Section 7 r/w Section 8 of the POCSO Act. He had been in judicial custody since March 7, 2023. 

When he filed a petition before the Additional Session Court for the trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram seeking regular bail, the court below disposed of the same granting him interim bail till March 30, 2023 at 3.00 PM, and further directing the petitioner to surrender before the Superintendent of Sub Jail Attingal at 3.30 PM on the same date. 

It was contended by the counsels for the petitioner that the Trial Court had not considered the merits of the regular bail application filed by the petitioner, but instead, disposed of the same after granting him interim bail, and further directed him to surrender before the Superintendent of Sub Jail, Attingal on March 30, 2023. 

"As the petitioner filed an application seeking regular bail the Court below ought to have considered the entitlement of the petitioner to have regular bail," it was contended. 

It was under these circumstances that the Court disposed the application with the aforementioned directions. 

The petitioner was represented by Advocates Navaneeth N. Nath, Sanel Cherian, K.S. Stejo, and Abhirami S. The Public Prosecutor appeared on behalf of the State. 

Case Title: Nithinram R.S. v. State of Kerala 

Citation: 2023 LiveLaw (Ker) 160 

Click Here To Read/Download The Order