Athul Krishna C.B vs State Of Kerala

P. G. Ajithkumar, J

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

The petitioner is the 1st accused in Crime No.313 of 2024 of Thiruvalla Police Station, Pathanamthitta District. He allegedly had committed the offences punishable under Sections 366, 376(3), 354A(1)(i), 354-A(2), 354-D and 34 of the Indian Penal Code, 1860, Section 67B of the Information Technology Act, 2000, and Sections 3(a), 4(2), 7, 8, 9l, 10, 11(ii), 11(iv) & 12 of the Protection of Children from Sexual Offences Act (POCSO Act) (Amended), 2012, 2019.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution allegation is that, the petitioner along with accused Nos. 2 and 3 enticed the victim, who was aged only 15 years and took to Thissur. At the house of the 3rd accused, the petitioner subjected the victim to penetrative sexual assault and other sexual excesses.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserve only to be dismissed.

The Sub inspector of Police, Thiruvalla Police Station has submitted a report, through the learned Public Prosecutor, objecting the grant of bail to the petitioner. Accused Nos.2 and 3 were already released on bail. It is true that the petitioner is the person who procured the custody of the victim and took to Thrissur. The petitioner is the principal offender. However, having considered his tender age, that is 18 years, I am of the view that his further detention can be avoided and bail can be granted subject to strict conditions.

In the result, the bail application is allowed and the petitioner is granted bail on his/her executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

(iv) The petitioner shall not enter the local limits of Thiruvalla Police Station or try to contact the victim or any of the witnesses in this case.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.