Aneesh Kumar vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1517/2021 of Sasthamcotta Police Station, Kollam District alleging commission of offences under

Sections 376(2)(n), 376(3), 376AB and 450 of the Indian Penal Code and Sections 4, 3A, 6(1) and 5(1) of the POCSO Act.

The allegation against the petitioner is that the petitioner committed sexual assault and rape on the minor victim girl at the time when she was only

15 years of age, continuously, and thereby committed the offences alleged against him. The learned Public Prosecutor, on instructions, submits that

provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 have also been invoked against the petitioner.

The learned counsel for the petitioner submits that even going by the statement given by the victim girl under Section 164 of the Cr.PC, the

petitioner and the victim girl were in love with each other. It is submitted that the petitioner had gone to the house of the victim girl on her invitation

and that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been in custody from more than 65 days and further

detention of the petitioner is not necessary for the purpose of investigation, in the facts and circumstances of the case.

The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the victim was only 15 years of age when the offence was

committed. It is submitted that the victim being a minor, the question of consent is immaterial. It is also submitted that if the petitioner is granted bail,

there is every chance that he may influence or intimidate the victim and other material witnesses in the case.

Notice of the bail application was directed to be served on the informant in Crime No.1517/2021 of Sasthamcotta Police Station since the offence

under Section 376(3) of the IPC was also involved. The Public Prosecutor confirms that pursuant to the order dated 20.12.2021, notice of the bail

application was served on the informant. However, there is no appearance for the informant.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for more than 65 days and

his further detention is not necessary for the purposes of investigation into the matter, I am of the view that the petitioner can be granted bail subject to

strict conditions. I also take note of the fact that the petitioner is only 21 years of age as on date

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

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.1517/2021 of Sasthamcotta Police Station, Kollam District on every Saturday at 11.00 am

until further orders;

(iii) The petitioner shall not attempt to contact the victim or influence or intimidate the victim or any witness in Crime No.1517/2021 of Sasthamcotta Police Station,

Kollam District;

(iv) The petitioner shall not enter the local limits of the Sasthamcotta Police Station where the victim is residing except for the purpose of complying with condition

No.(ii) above;

(v) The petitioner shall surrender his passport before the Jurisdictional Court. If the petitioner does not have a passport, he shall execute affidavit to that effect and

file the same before the said court within seven days of release on bail;

(vi) 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.1517/2021 of Sasthamcotta Police Station, Kollam District may file

an application before the Jurisdictional Court, for cancellation of bail.