Aneesh vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.1607 of 2023 of Kallambalam Police Station, Thiruvananthapuram, registered under Sections 447, 341, 506(i), 376, 376(2)(n), 376(3), 354B and 354D of the Indian Penal Code, and Sections 4(2) r/w 3(a), 6(1) r/w 5(1), 8 r/w 7, 12 r/w 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution allegation is that, the petitioner, who is a neighbour of the victim girl aged 15 years, sexually assaulted and committed rape on her on 25.08.2023 as well as on 22.10.2023.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, the petitioner and the victim girl were in love, and he has not committed any offence as alleged. The petitioner was arrested and remanded to judicial custody on 24.10.2023. Investigation is over and final report has been filed, and so, his continued detention is not necessary in this case.

On instructions, learned Public Prosecutor submitted that, investigation is over and final report has been filed as early as on 15.12.2023. So, his continued detention is not needed for the purpose of investigation. Now, the only concern is regarding securing his presence to attend the trial, and the safety and security of the victim girl.

In this factual scenario, this Court is inclined to release the petitioner on bail on the following terms:

i. The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

ii. Except for the purpose of appearing before the Police Station or before the Court, as and when required, the petitioner shall not enter the limits of Kallambalam Police Station, within the jurisdiction of which, the victim girl is residing, and he shall not cause any kind of harassment to the victim or her family members, either directly or indirectly.

iii. The petitioner shall surrender his passport before the trial court at the time of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect.

iv. The petitioner shall not leave the limits of State of Kerala, without getting prior permission from the trial court.

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

vi. In case of violation of these conditions, the investigating officer can approach the jurisdictional Magistrate to get his bail cancelled, in accordance with law.