Abid T.V vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

Petitioner is the 2nd accused in Crime No.1138/2020 of Chevayur Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 376D of IPC and Section 3 r/w 3(a), Section 6 r/w 5(g)(ii) and Section 12 r/w 11 of the POCSO Act.

The prosecution case is that in February, 2020 at noon, the 1st accused brought the petitioner to the house of the victim, a girl aged 17 years and

then the petitioner committed rape on the victim. After that the 1st accused took Rs.2000/- from the petitioner and gave that amount to the victim.

Subsequently, she became pregnant and gave birth to a boy on 2.10.2020.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The counsel for the petitioner submitted that this is a false case foisted against the petitioner. The counsel submitted that there is evidence to show

that the petitioner is working in his work place, which is far away from the alleged place of occurrence. The counsel also submitted that there is some

financial dealings between the father of the victim and another person and the petitioner intervened in that. Hence this false case is foisted against the

petitioner. The counsel submitted that the petitioner is a married man with children. If the petitioner is remanded, that will affect his matrimonial life.

According to the counsel, the petitioner is ready to abide any condition, if this Court grant him bail.

The learned Public Prosecutor opposed the bail application. The Public Prosecutor made available the first information statement given by the

victim. The Public Prosecutor submitted that the allegation against the petitioner is very serious. The Public Prosecutor submitted that the petitioner

committed rape on the minor girl aged 17 years and the minor girl delivered a child.

After hearing both sides, I think, this is not a fit case in which this Court can grant relief under Section 438 Cr.P.C. At this stage, the learned

counsel for the petitioner submitted that the petitioner will surrender before the investigating officer and will co-operate with the investigation.

Therefore, this bail application is disposed of with the following directions:

I) The petitioner shall surrender before the investigating officer within 10 days from today.

II) If the petitioner surrendered before the investigating officer within 10 days from today, the investigating officer will interrogate the petitioner and if

he is arrested, he will be produced before the jurisdictional Court forthwith;

III) When the petitioner is produced in court and the petitioner files a bail application before the Court concerned after giving prior notice to the

Prosecutor concerned, the Court will consider the bail application on merits preferably on the date of filing of the same itself.