Sunu Sunil vs State Of Kerala

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

The applicant is the sole accused in Crime No.595/2025 of Chirayinkeezhu Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 4(2) r/w 3(a), 6(1) r/w 5(i) and 9 of the Protection of Children from Sexual Offences Act, 2012 and Sections 354B, 450, 376(3) and 376(2)(n) of the Indian Penal Code, 1860, and Section 66E of the Information Technology Act, 2000.

The prosecution case, in short, is as follows:- The victim is a minor girl aged 14 years. The mother of the victim is no more. The applicant herein is a close relative of the victim and he used to frequently visit her house. The allegation against the applicant is that while she was studying in 7th Standard in the year 2022, the applicant recorded videos of the victim while she was taking a bath and later began blackmailing her by showing those videos and threatening to upload them on YouTube. Thereafter, under this threat, the applicant repeatedly committed penetrative sexual assault on the victim and thereby committed the above offences.

I have heard Sri.Akhil Suseendran, the learned counsel for the applicant and Sri.V. Vinay, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 24.08.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been attributed to the applicant. The victim, a minor girl was brutally repeatedly sexually assaulted by the applicant. Moreover, the applicant has been absconding since the registration of the crime. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.