Adarsh Ajith vs State Of Kerala

Gopinath.P, J

The petitioner is the accused in Crime No. 57/2021 of Mulamthuruthy Police Station, Ernakulam District alleging commission of offences punishable under Sections 450, 376, 376(2)(n) of the Indian Penal Code read with Sections 6, 5(1), 4 and 3 of the Protection of Children from Sexual Offences Act,2012.

The allegation against the petitioner is that the petitioner sexually assaulted committed rape on the victim (aged 16 years) in October, 2021. It is alleged that the offence was repeated in the month of December, 2021. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that with reference to Annexures I, II and III that the petitioner is suffering from certain psychological disorders. It is submitted that the petitioner and the victim were students of a Special School and were acquainted from there. It is submitted that the petitioner is only 18 years of age and his continued detention is not necessary in the facts and circumstances of the case, considering the fact that, the petitioner has been in detention from 19.01.2022.

The learned Public Prosecutor opposes to grant of bail. It is submitted that pursuant to the order passed by this Court on 18.03.2022, the petitioner has been subjected to a medical evaluation, which shows that he does not suffer from any kind of psychological or other illness. It is submitted that the plea of the petitioner with reference to Annexures I to III therefore cannot be taken into consideration by this Court. It is submitted that the petitioner committed the offence on the victim, who suffers from autism and this is a factor which is to be kept in mind while considering the bail application of the petitioner.

Having regard to the facts and circumstances of the case, and considering the nature of the allegation and taking into account of the fact that the petitioner is only 18 years of age and considering the fact that he has been in custody from 19.01.2022, I am of the opinion that the petitioner can be granted bail as the continued detention of the petitioner, is not necessary for the purpose of the investigation.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall not enter into the local limits of Mulamthuruthy Police Station except to comply with condition No.(iii);

(iii) The petitioner shall report before the Investigating officer in Crime No. 57/2021 of Mulamthuruthy Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No. 57/2021 of Mulamthuruthy Police Station;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 57/2021 of Mulamthuruthy Police Station may file an application before the jurisdictional Court for cancellation of bail.