Abdul Salim vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.476/2022 of Vellayil Police Station, alleging offences punishable under Section 376 of the Indian Penal Code, 1860 apart from Section 3(a) r/w Section 4 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 20.07.2021, the accused who is the friend of the uncle of the victim committed penetrative sexual assault on the minor victim and thereby committed the offences alleged.

Sri.K.Rakesh, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioner was arrested on 03.09.2022 and has been in custody since then. It was further submitted that the victim is presently aged 17 years and at the time of incident she was 16 years old and that the allegations are totally false. The learned counsel also submitted that since the final report has already been filed and the matter is pending consideration as S.C.No.1014/2022 before the Fast Track Special Court, Kozhikode, further detention of the petitioner would not serve any purpose.

Smt. M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and if the petitioner is released on bail, he may threaten or intimidate the witnesses.

I have considered the rival contentions. Petitioner is alleged to have committed a heinous crime by raping a minor victim on 20.07.2021. The complaint is filed after almost a year. Taking note of the period of detention already undergone, i.e. from 03.09.2022 and also having regard to the circumstances of the case including the filing of the complaint after almost a year, I am of the view that further detention of the petitioner is not essential.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not enter into the jurisdictional limits of the police station of the area where the victim resides.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.