Ashik vs State Of Kerala

Gopinath P, J

The petitioner is the 1st accused in Crime No.221/2022 of Thrissur Town West Police Station, Thrissur District alleging commission of offences under Sections 363, 366(A), 354D, 376, 376(2)(n) r/w 34 of the Indian Penal Code and Section 4 r/w 3(a), 6(1), 5(1), 12, 11(iv), 17, 16, 21 and 19 of the Protection of Children from Sexual Offences Act, 2012.

The allegation against the petitioner is that he along with the 2nd acccused took the minor victim to the house of the 2nd accused and sexually assaulted her and committed penetrative sexual assault on her and thereby the petitioner along with the 2nd accused committed the offences alleged against them.

Considering the facts and circumstances of the case, I had rejected the bail application of the petitioner while granting bail to the 2nd accused in the case by order dated 01-04-2022. It is now submitted that following investigation into the matter a final report has already been filed in the matter and since no criminal antecedents are reported against the petitioner, the petitioner may be directed to be released on bail.

Heard the learned Public Prosecutor also. The learned Public Prosecutor has referred to Annexure-A2 order and has pointed out the circumstances which compelled this court to reject the bail application of the petitioner at that point of time. It is submitted that there is no change of circumstances warranting a reconsideration of the decision taken to reject the bail application of the petitioner.

The learned counsel for the petitioner submits that the petitioner is a 20 year old boy who has been in custody for nearly 100 days and his continued detention is not necessary as a final report has already been filed in the matter.

Having regard to the facts and circumstances of the case and considering the fact that a final report has already been filed in the matter, I am of the view that the petitioner can be granted bail subject to conditions.

In the result 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 a 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) The Petitioner shall report before the Investigating officer in Crime No.221/2022 of Thrissur Town West Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to contact, influence or intimidate the victim or any witness in Crime No.221/2022 of Thrissur Town West 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 jurisdictional 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.221/2022 of Thrissur Town West Police Station may file an application before the jurisdictional Court for cancellation of bail.