Ajay @ Ajayan vs State Of Kerala

N. Nagaresh, J

The accused in Crime No.528/2023 of Nenmara Police Station has filed this appeal invoking Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 aggrieved by the order dated 24.08.2023 in Crl.M.P. No.3605/2023 of the Special Judge/ Additional Sessions Judge-I, Palakkad Division.

The appellant was made an accused in Crime No.528/2023 of Nenmara Police Station for offences punishable under Section 363, 376(2)(n) and 354A(1)(i) IPC, Section 4(1) read with Section 3(a), Section 6 read with Section 5(1), Section 8 read with Section 7, Section 12 read with Section 11(iv) of the POCSO Act and Section 3(2)(va) of the SC/ST (PoA) Act.

The appellant moved application under Section 439 Cr.P.C. for grant of regular bail. The Special Judge noted that there were some connection between the appellant and the survivor and even if it is taken that the sexual relation between the appellant and the survivor was with the consent of the survivor, she being a minor, the offences alleged will be attracted. The Special Judge also noted that the appellant had taken nude videos of the appellant. The Special Judge therefore dismissed the bail application.

Though notice was served on the survivor through the SHO concerned, the complainant has not turned up.

The criminal appeal would indicate that the appellant is aged only 21 years and the survivor was 17 years of age. The appellant and the survivor were in relationship. Though there is a report that the appellant had taken nude videos of the survivor, the survivor has no complaint to the effect that the videos were circulated or threatened to be circulated by the appellant. There is no allegation that the videos were taken clandestinely. Substantial progress has been done in investigation of the case. The appellant has been in custody since 17.07.2023.

In the circumstances, in spite of the objections raised by the Public Prosecutor to grant of bail, I am of the view that the appellant can be enlarged on bail.

The Criminal Appeal stands allowed. The order dated 24.08.2023 in Crl.M.P. No.3605/2023 of the Special Judge /Additional Sessions Judge-I, Palakkad Division is set aside. The appellant shall be released on bail on the following conditions:-

(i) The appellant/accused shall be released on bail on his executing bond for ₹50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the Special Court concerned.

(ii) The appellant/accused shall not intimidate witnesses or tamper the evidence. He shall co-operate with the investigation and shall be available for interrogation as and when directed by the Investigating Officer.

(iii) The appellant/accused shall not leave the jurisdiction of the Special Court without prior permission of the court.

(iv) The appellant/accused shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.