Ajith R vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.219 of 2022 of Adoor Police Station, Pathanamthitta District, alleging commission of offences under Sections 450, 376(2)(n), 384, 354D, 363 and 506(1) of the Indian Penal Code and Section 4 read with Section 3(a), Section 6 read with Section 5(I), Section 8 read with Section 7 and Section 12 read with Section 11(iv)(v) of the POCSO Act, 2012.

The gist of the allegation against the petitioner is that after befriending the minor victim over social media, the petitioner trespassed into the house of the minor victim and committed sexual assault and rape on her. It is also alleged that thereafter the petitioner threatened the victim by stating that her intimate pictures will be circulated on social media and obtained money and valuables including a gold chain from her. It is also alleged that the petitioner stalked the victim on 19.01.2022 and thereafter the above crime was registered against the petitioner.

The learned counsel for the petitioner would submit that though this Court had rejected the earlier bail application filed by the petitioner through Annexure – 4 order, the circumstances have substantially changed in as much as following investigation a final report has already been filed in the matter. It is submitted that the gold chain allegedly taken by the petitioner from the minor victim has also been recovered. It is submitted that the petitioner is a 21 year old boy, whose continued detention is not necessary in the matter. It is also submitted that the petitioner has been in custody for nearly 120 days.

The learned Public Prosecutor opposes the grant of bail. It is submitted there are no change of circumstances warranting a reconsideration of the decision taken by this Court through Anenxure – 4. It is submitted that though a final report has been filed in the matter and though recovery of the gold chain in question has been effected, the petitioner cannot be granted bail, as there is every chance that the victim will be influenced and intimidated if the petitioner is granted bail.

Having regard to the facts and circumstances of the case and considering the fact that a final report has already been filed in the matter and the gold chain allegedly taken by the petitioner from the minor victim has already been recovered, I am of the view that the petitioner can be granted bail especially considering the fact that he has been in custody for nearly 120 days.

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

(1) 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;

(2) Petitioner shall report before the investigating officer in Crime No.219 of 2022 of Adoor Police Station, Pathanamthitta District, on every Saturday at 11.00AM until further orders;

(3) The petitioner shall not enter the local limits of Adoor Police Station except for complying with condition No.(2) above until further orders;

(4) The petitioner shall not attempt to interfere with the investigation or influence or intimidate the victim or any witness in Crime No.219 of 2022 of Adoor Police Station, Pathanamthitta District;

(5) 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.219 of 2022 of Adoor Police Station, Pathanamthitta District, may file an application before the Jurisdictional Court for cancellation of bail.