Athul Raj B 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 1st accused in Crime No.198/2022 of Nagaroor Police Station, Thiruvananthapuram District for offences under Sections 366, 376(2)(n) and 34 of the Indian Penal Code, 1860 and Section 4 r/w.3(a), 6 r/w.5(1), 17 r/w.16 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that the petitioner, with the intention to commit rape on the minor victim kidnapped her and committed rape on her on 27.11.2022, 05.02.2022, 20.04.2022 and on other days also.

Sri.M.R.Sarin, the learned counsel for the petitioner contended that at the time when the first two instances of rape were alleged, petitioner himself was a minor and that he became a major only on 05.02.2022. It was further submitted that the prosecution case is entirely false and the same is foisted at the behest of the family members of the victim who were opposed to the petitioner's relationship with the victim.

Sri.Noushad K.A., the learned Public Prosecutor, on the other hand contended that the petitioner has committed a serious offence against the minor victim and that the investigation is only at the initial stage and the offence being a continuing one, the petitioner ought not be released on bail.

Taking note of the young age of the petitioner and after appreciating the arguments of the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that the continued detention of the petitioner is not warranted. Accordingly this application for regular bail is allowed on the following conditions :-

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not enter within the jurisdictional limits of Nagarur Police Station, Thiruvananthapuram District.

(vi) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.

The Bail Application is allowed as above.