Baburaj vs State Of Kerala

Dr. Kauser Edappagath, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.560/2022 of Kalikkavu Police Station, Malappuram. The offences alleged are punishable under Sections 363, 342, 376(2)(n) of Indian Penal Code read with Section 4,5 (1), 6, 11 and 12 of POCSO Act.

The prosecution case in short is that, the petitioner took the victim to several places at Thrissur, Triprayar and Ooty, stayed at various lodges and had penetrative sex without her consent and thereby committed the offences.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The victim was aged 17 years at the time of penetrative sex. The reading of FIS would show that, the victim and the petitioner voluntarily went to those places together, stayed in the lodges for days and had consensual sex. The petitioner was remanded to judicial custody on 05.12.2022. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioner is entitled to be released on bail on conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The   petitioner   shall   fully   co-operate   with   the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.