2025:KER:30232 BAIL APPL. NO. 4337 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 4337 OF 2025 CRIME NO.442/2019 OF Thodupuzha Police Station, Idukki AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.6068 OF 2024 OF HIGH COURT OF KERALA PETITIONER/ACCUSED: ARUN ANAND AGED 38 YEARS S/O. PUSHPA ANAND, RESIDING AT FLAT NO. A3, NANTHANCODE, KOWDIYAR, THIRUVANANTHAPURAM., PIN - 695003 BY ADVS. J.G.SYAMNATH V.S.VISWAMBHARAN RESPONDENT/RESPONDENT, STATE & COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADVS. ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) C K SURESH SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30232 BAIL APPL. NO. 4337 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A. No.4337 of 2025 ---------------------------------------------- Dated this the 08th day of April, 2025 ORDER This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in Crime No.442/2019 of the Thodupuzha Police Station, which is now pending as S.C. No.536/2029 before the Special Court under POCSO Act and Children’s Act, Thodupuzha. The above case is charge sheeted alleging offences punishable under Sections 294(b), 323, 326, 506(i), 302, 201 and 212 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is that, the 1st accused is a relative of one Biju, who was the husband of the original 2nd accused. Biju died due to a heart attack. Thereafter, the original 2nd accused fell in love with the 1st accused, who is the petitioner herein. Subsequently, the original 2nd accused and 2025:KER:30232 BAIL APPL. NO. 4337 OF 2025 3 the petitioner started to live together in a house. The original 2nd accused had two children in her relationship with her former husband Biju. While the 1st accused and the original 2nd accused were living together, on 27.03.2019, midnight at about 1.30 am, while the children were asleep, the accused locked the house and went out. It is alleged that when they returned by 3 am and woke up the children, the younger child was seen to have urinated in his trousers. It is alleged that the 1st accused asked about the same to the elder child and abused him, brutally manhandling him by kicking and beating him. It is alleged that the petitioner kicked the deceased victim boy aged 7 years, lifted and smashed him on the floor and thereafter gave a blow aiming at his head using a dumbbell and caused a fracture on his ribs and thereafter, he threw him towards the gap in between the almirah and the wall of the bedroom and thereafter he stamped him causing injury on his head. Thereafter he dragged the victim through the floor aiming his head to hit at the leg of the cot with an intention to cause death. As a result of that, the small minor boy sustained serious injuries including intracranial injury and hemorrhage. When the 2025:KER:30232 BAIL APPL. NO. 4337 OF 2025 4 mother of the victim who is the original 2nd accused intervened, the 1st accused fisted on her face and caused injuries. Subsequently, they took him to the Chazhikkad Hospital at Thodupuzha, wherein it was revealed that the boy sustained serious injuries. But the accused deliberately delayed the treatment of the injured child and as a result of the same, the victim succumbed to the injuries at MOC Medical College Hospital at Kolencherry. Hence it is alleged that the accused committed the offence. The 2nd accused subsequently became the approver and, she and the other child are the witnesses in the case. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The counsel for the petitioner submitted that the petitioner is in custody from 13.03.2019 and even now the trial is not started. The counsel also submitted that even though the petitioner requested for Malayalam translation of the charge sheet, the same was not served even now. The counsel further submitted that the petitioner is ready to abide any conditions if this Court grant him bail. It is submitted that 2025:KER:30232 BAIL APPL. NO. 4337 OF 2025 5 the petitioner's mother is seriously laid up and if this Court is not inclined to grant regular bail, there may be a direction to grant interim bail to the petitioner. 6. The Public Prosecutor seriously opposed the bail application and submitted that the delay in trial is because of the attitude of the petitioner. According to the Public Prosecutor, the petitioner knows Malayalam and he can read Malayalam. The Public Prosecutor takes me through some of the documents in the previous proceedings in which he gave answers in Malayalam. The Public Prosecutor submitted that the petitioner is purposefully dragging the matter. The prosecution is always ready to take up the matter for trial and the Court is also ready to take up the matter. But the petitioner is dragging the matter. 7. This Court considered the contentions of the petitioner in detail in Annexure-3 order and rejected the prayer for bail. This Court clearly stated in Annexure-3 order that the petitioner has to face trial in custody. Therefore I am not inclined to grant bail to the petitioner. 8. At this stage, the counsel for the petitioner 2025:KER:30232 BAIL APPL. NO. 4337 OF 2025 6 submitted that there may be a direction to grant interim bail to the petitioner considering the medical ground of the mother of the petitioner. The petitioner is free to file an application before the jurisdictional court for interim bail with supporting documents to prove the illness of the mother of the petitioner. If such an application is filed, the jurisdictional court will verify the genuineness of the same, after giving an opportunity of hearing to the petitioner and the Public Prosecutor, and pass appropriate orders in accordance with law. With the above observation, this bail application is disposed of. sd/- P.V.KUNHIKRISHNAN JUDGE jv