Adarsh Kumar vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.284 of 2022 of Kareelakulangara Police Station, Alappuzha District. The offences alleged against the petitioner are punishable under Sections 363, 376, 376(2)(m), 370(4), 370(A)(1) 354, 354A(1)(i), 354D(2) and 354B of the Indian Penal Code,1860 apart from Section 4(1) r/w Section 3(a), Section 8 r/w Section 7, Section 12 r/w Section 11(iv) and Section 5(l) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 84 of the Juvenile Justice(Care and Protection of Children) Act 2015.

According to the prosecution, on 25-05-2022, the accused kidnapped the victim from the custody of her parents and committed rape on her and thereby committed the offences alleged.

Sri.V.Renjith Kumar, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that since the petitioner was arrested on 02-08-2022, the continued detention may not be essential for the purpose of investigation.

Sri. Noushad K.A., the learned Public Persecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature. It was pointed out that the victim is aged 16 years and therefore releasing the petitioner on bail, would prejudice the prosecution and may even intimidate and threaten the victim. On an earlier occasion, in Bail Application No.6925/2022, this Court had rejected the same. However, it was pointed out that the final report in the case was filed on 30-09-2022.

I have considered the rival contentions. I have also perused the statement of the victim. Even though the allegations against the petitioner are serious in nature, considering the fact that the final report was filed on 30-09-2022 and also that the accused has been in custody from 02-08-2022, I am of the view that the bail application can be allowed on conditions.

In the result, this application is allowed 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 commit any similar offences while he is on bail.

(e) 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.