AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner is the 2nd accused in Crime No. 941 of 2020 of Alappuzha South Police Station registered for the offences punishable under Sections 354A(1), 354A(2), 354B, 376(1), 376(2), 376(2)(f), 376(2)(n), 376D, 376DB and 506 of Indian Penal Code, Section 75 of the Juvenile Justice (Care and Protection) Act and Sections 4(2), 3(a), 3(b), 6(1), 5(g), 5(i), 5(l), 5(m) and 5(n) of the Protection of Children from Sexual Offences Act.
The petitioner is in custody since 10.10.2020.
This Court by an order dated 03.02.2021 dismissed the earlier bail application filed by the petitioner observing that the court below can consider his bail application, if an application is moved for bail after considering the entire circumstances involved giving priority to the safety of the minor child and the other relevant factors of the case. After the disposal of the bail application, the petitioner has moved the Sessions Court again by filing an application. The court below on 05.03.2021 dismissed the application observing that enlargement of the petitioner on bail would adversely affect the disposal of the case.
Thereafter, this application has been filed for his release on bail. As revealed from the records, the case was posted for framing charge on 15.03.2021. So, now the case is ripe for trial. The Sessions Court has observed that there is every possibility for the petitioner to flee from the clutches of law and that would adversely affect the disposal of the case. Thus, the bail application was dismissed.
Since the case is now ripe for trial, and is pending for trial before the court below, there is no justification for the request of the learned counsel to reconsider the application for his release on bail at this stage. But of course, the court below can consider his application, if any, and exercise the discretion of the court by evaluating the circumstances of the case.
With this observation, this application is disposed of.