Adithyan vs State Of Kerala

M.R.Anitha, J

The petitioner is the sole accused in Crime No.410/2021 of Varantharappilly Police Station, Thrissur pending before the Sessions Court, Thrissur for offences punishable under Sections 377 and 506(1) of the I.P.C. and Sections 4(2), 3(a) and 4 read with Section 5(1) of the POCSO Act.

The prosecution alleges that on a day during the month of May, 2020 and on another day during the month of April, 2021, the petitioner took the victim to the house of the petitioner at Kalkuzhi and committed carnal intercourse against the order of nature with the victim by penetrating the penis of the petitioner into the mouth and anus of the victim and thus committed the offences as afore mentioned.

It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 13-07-2021 and is still in custody. He is 20 years old.

Learned Public Prosecutor strongly objects in considering the bail application on the ground of serious nature of the offence. It is also contended by him that the victim was just 15 years at the time of occurence of the incident. However, the petitioner was arrested on 13-07-2021 and is still in custody. He is also 20 years old. So confinement of the petitioner further would result in his continued contact with hardened criminals.

Hence taking into account the age of the petitioner and the period of confinement already undergone by him, I am of the view that the bail application filed by the petitioner can be considered on stringent conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the SHO concerned for interrogation on all Mondays between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release or till the final report is filed, whichever is earlier. He shall not enter into the Panchayath where the victim resides

(iii) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before the court, within a week for his release on bail.

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.