Anandhu M. A.Vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under Section 439 of the Cr.P.C.

Petitioner is arrayed as an accused in Crime No.554 of 2022 of Adoor Police Station, alleging offences under Sections 376(2)(f)(n) of the Indian Penal Code, 1860 apart from Section 4 r/w Section 3(a), Section 6 r/w Section 5(1) and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012. Petitioner was arrested on 14.04.2022 and has been in custody since then.

The prosecution case is that, petitioner had sexually abused the defacto complainant, who is a minor girl of 16 years, after enticing her with a promise of marriage and thereby committed the offences.

The learned counsel for the petitioner submitted that the matter has already been settled between the parties and that mother of the victim has already filed an affidavit to that extent.

The learned Public Prosecutor upon instructions and verifications submitted that the contends of the affidavit are genuine and the defacto complainant stance by the same.

Notwithstanding the affidavit filed by the defacto complainant, on a perusal of the case diary as well as on appreciating the arguments made by the learned counsel for the petitioner, I am satisfied that, the continued detention of the petitioner is not warranted.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall co-operate with the trial of the case.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;

(iv) Petitioner shall not commit any offence while he is on bail

(v) The petitioner shall not leave India 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..