Aneesh Kumar vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.575/2022 of Kunnikodu Police Station, Kollam, alleging offences punishable under Sections 356, 376(1), 376(2)(n), 376 & 376(3) of the Indian Penal Code, 1860 apart from Section 3(a) r/w Section 4(1), Section 5 r/w Section 6(1) and Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused had abducted the victim aged 15 years and thereafter brought her to a house and committed rape on her from 15.04.2022 to 17.04.2022.

Smt.K.Vinaya, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioner was arrested on 23.04.2022 and has been in detention since then. The learned counsel also submitted that since the petitioner is only 25 years in age, further detention ought not to be permitted.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that petitioner was involved in two other crimes earlier.  In both those crimes though  the  victims  were  allegedly  subjected  to  rape,  petitioner  was acquitted subsequently, after trial. It was also submitted that the victim in this case was served with the notice. It was also submitted that the final report was filed on 31.05.2022

I have considered the rival contentions. The allegations against the petitioner are serious as he is alleged to have raped the victim aged 15 years. However, taking note of the age of the petitioner and the period of detention already undergone from 22.04.2022, I am of the view that further detention is not essential.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him 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.

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

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country 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.