Anurag vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1585/2021 of Maradu Police Station, Ernakulam District alleging commission of offences under Section 57 of the KP Act altered to Sections 370, 363, 366(A), 354(A)(1)(ii), 354B, 354D & 376 of the Indian Penal Code and Sections 4 r/w. Section 3(a), 8 r/w. Section 7, 12 r/w. Section 11(iv) of Protection of Children from Sexual Offences Act, 2012.

The allegation against the petitioner is that he got acquainted with the victim girl in the year 2019 and developed a friendship. Though the victim girl was dissuaded from the relationship by her parents, she again started having a friendship with the petitioner after she joined for a Hotel Management Course at Ernakulam. It is alleged that on knowing about the relationship with the petitioner, the victim was terminated from her trainee position at the Hotel where she was working and on that day she contacted the petitioner and went with him to Trichur. It is alleged that the petitioner sexually abused the victim at the house of his uncle in Thrissur and thereafter, when the victim was traced out on the basis of a man missing complaint given by her father, she had given the information which led to registration of the aforesaid crime.

The learned counsel for the petitioner would submit that going by the First Information Statement given by the victim girl, the petitioner and the victim girl were in a relationship. It is submitted that, following investigation of the matter, a final report has already been filed and further custody of the petitioner is not required for the purpose of investigation into the case. It is submitted that the petitioner has been in custody for nearly two months having been arrested on 7.10.2021.

The learned Pubic Prosecutor submits that the question of the petitioner entering into a consensual relationship with the victim girl does not arise in this case as the victim was admittedly a minor at the time when the offence was committed. It is submitted that following investigation in the matter, a final report has been filed in the case before the jurisdictional Special Court. It is submitted that if at all the petitioner is being granted bail, it must be on strict conditions to ensure that he does not influence the victim or any witness in the case.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 7.10.2021 and also considering the fact that the investigation in the matter has been completed and a final report filed, I am of the view that the petitioner can be granted bail subject to conditions. Accordingly, this bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:-

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

(ii) Petitioner shall appear before the investigating officer in Crime No. 1585/2021 of Maradu Police station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No. 1585/2021 of Maradu Police station;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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. 1585/2021 of Maradu Police Station may file an application before the jurisdictional Court, for cancellation of bail.