Shamith K. v. State of Kerala
In the High Court of Kerala
B.A. 6486/2021
Before Justice M.R. Anitha
Decided on September 15, 2021

Relevancy of the case: Bail application in a case involving trespass, sexual assault of a minor, and capture of nude photographs

Statutes and Provisions Involved

• The Code of Criminal Procedure, 1973 (Section 439)
• The Indian Penal Code, 1860 (Section 354, 354A, 354B, 354D, 448, 427, 506(1))
• The Protection of Children from Sexual Offences Act, 2012 (Section 8, 7, 11(iv), 11(v), 12)

Relevant Facts of the Case

• One night, the petitioner trespassed into the defacto complainant’s house, intimated and sexually assaulted her. When she protested, he took her nude photographs on his mobile phone.
• The next day, late at night, he broke down the window pane glass of her bedroom. On hearing the sound, she ran away.
• On the same day, the police arrested the 21-year-old petitioner. He has been in jail since then.

Prominent Arguments by the Advocates

• The petitioner’s counsel contended that the petitioner is now affected by Covid-19, which was developed by pneumonia and is willing to abide by any condition imposed by the court.
• The public prosecutor submitted a report from the Station House Officer stating that the investigation was almost over. If the court grants bail, there is a possibility of the accused influencing the witnesses and causing obstructions for further investigation.
• The public prosecutor further contends that one day, the accused threatened to douse the victim with kerosene and set her ablaze when the victim refused to open the door.

Opinion of the Bench

• Considering that no other crimes are pending against the petitioner, the court inclined in favour of granting bail.

Final Decision

• The bench granted bail with stringent conditions.