Akhil @ Rahul vs State Of Kerala

A. Badharudeen, J

Regular bail application filed by the sole accused in Crime No.960 of 2021 of Kayamkulam Police Station, Alappuzha is the matter on consideration in this bail application.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

Precisely, the prosecution allegation is that the accused with an intention to commit rape and abuse the defacto complainant/victim, a minor, aged 17 years, constantly called her and thereafter she was subjected to sexual intercourse starting from March 2020. The further allegation is that the accused had took naked photographs of the defacto complainant and threatened her to continue the relationship.

On the above score, the prosecution alleges commission of offences punishable under Sections. 363, 366, 370A(1), 307(4), 376(2)(n), 354D(2), 354B, 354A(1)(i) and 450 of IPC, Sec.4 r/w. 3(a), S.6 r/w. 5(1), Sec.8 r/w. 7 and 12 r/w.11(iv) of PoCSO Act, Sec.84 of the Juvenile Justice (Care and Protection of Children) Act and Sec.66E of IT Act.

The learned counsel for the petitioner, who canvassed regular bail to the petitioner submitted that the petitioner was arrested on 7.10.2021 pursuant to a cordial relationship in between the defacto complainant and the accused, because of the fact that the defacto complainant was below 18 years. Accordingly, the above offences were alleged to be committed. Highlighting the custody of the petitioner for last 81 days and the progress of the investigation, the learned counsel pressed for granting regular bail with offer to obey any condition as a stigma for granting bail.

The learned Public Prosecutor placed the copies of the relevant records. He also conceded that the petitioner has no criminal antecedents and the investigation has achieved much progress.

I have perused the records placed by the learned Public Prosecutor at par with the arguments made at the bar. It is to be noticed that a cordial relationship maintained between a minor and the accused during 2020, led to the registration of the crime. The records would show that the prosecution case is well made out. At the same time, the investigation has undergone much progress and the further custody of the petitioner for the further purpose of the investigation is not necessary. In view of the above, the petitioner can be enlarged on bail on conditions:

In the result, the application is allowed on conditions:

The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court.

The petitioner shall co-operate with COVID-19 restrictions.

The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

The petitioner shall appear before the Investigation Officer as and when directed.

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.

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

The petitioner is directed not to enter into the village where the defacto complainant has been residing till the investigation is over or for a period of four months from today and if he requires any entry into the village, where the defacto complainant has been residing, he should seek permission of the Jurisdictional Court concerned.

It is specifically ordered that the accused shall not have any contact or relation with the defacto complainant herein after and further he shall not cause any hindrance to the defacto complainant in any manner, any such event if reported or came to the notice of this Court, the same is a reason to cancel the bail hereby granted.