Abijith vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No.2646/2021 of Kothamangalam Police Station alleging offences under Sections 363, 366, 376(3), 376(2)(n), 376(2)(h) of Indian Penal Code and Section 4(2), 3(a), 3(b), 3(d), 6, 5l, 5j(ii), 5q of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and Section 67B of the Information Technology Act, 2000.

The main allegation against the petitioner is that he committed the aforesaid offences against the victim, who is only 15 years old and that she became pregnant. It is also alleged that even during the pregnancy of the minor, petitioner committed similar offences. The accused was taken into custody on 04.11.2021 and he has been in custody from that day onwards. Sri.Vivek Venugopal, the learned counsel for the petitioner submitted that the final report in the crime has already been filed and the matter is pending as SC.No.1280/2021 before the Special Court for Trial of Protection of Children from Sexual Offences Act cases.

After hearing the learned counsel for the petitioner as well as Smt.Pushpalatha M.K., the learned Senior Public Prosecutor, I am of the view that the petitioner need not be detained any further under custody especially since the final report has been filed. However, stringent conditions are required to be imposed while granting bail, considering the nature of offences alleged against the petitioner.

Accordingly, the petitioner shall be enlarged on bail on the following conditions :-

i. Petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the Special Court for Trial of Cases under Protection of Children from Sexual Offences Act, Muvattupuzha.

ii. Petitioner shall appear before the Investigating Officer as and when required.

iii. Petitioner shall not commit similar offences during the pendency of the trial and shall co-operate with the trial.

iv. Petitioner shall not intimidate the victim or the family members of the victim.

v. Petitioner shall not attempt to interact with the victim or with the family of the victim under any circumstances whatsoever.

vi. Petitioner shall not enter the territorial limits of the Police Station of the victim till conclusion of trial.

vii. Petitioner shall not leave the country without prior permission from the jurisdictional court and shall file an affidavit before the trial court that he shall not leave the country.

viii. If any of the above conditions are violated by the petitioner, the jurisdictional court can cancel the bail, in accordance with law, even though the bail is granted by this Court.

The Bail Application is allowed as above.