Aniyan vs State of Kerala

N.K. Balakrishnan, J.—Petitioner is the 3rd accused in Crime No. 501/2012 of Koipuram Police Station. The offences alleged against him and other accused are under Secs. 366A, 368 and 376 r/w 34 IPC. It is submitted that the correct section must be 366 IPC and not 366A IPC. Petitioner has been in custody from 27.7.2012 onwards. It is alleged that the victim girl aged 15 years was kidnapped by A1 from the lawful guardianship of her parents and he had sexual intercourse with her. It is stated that A1 told A2, his friend that he (A1) and the girl were married. Though the girl was stated to be aged only 15 years, she was seen to be a grown up woman, A2 had no doubt about the statement regarding the marriage. A1 requested A2 to provide a temporary shelter in the house of A2. Thus A2 took in his autorickshaw A1 and the victim girl to his house (owned by A3, the father). A3 believing the words of A1 and A2 allowed A1 and the girl to stay in his house.

Considering all the aspects, petitioner is granted bail subject to the following conditions :-

a. The accused shall execute a bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all alternate Saturdays between 9.30 AM to 11.30 AM until further orders.

c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he 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 or tamper with the evidence.

e. The accused shall not leave the State of Kerala without permission of the court. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.