Balachandran 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 accused in Crime No.772 of 2021 of Cheruthuruthy Police Station, Thrissur District registered for offences under Sections 450, 354-A(1), 354-D(1)(i), 376 and 376(3) of the Indian Penal Code, 1860 and Sections 4, 3(a), 10, 9(l), 12 and Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

Prosecution case is that on various dates prior to 13.09.2021, petitioner trespassed into the house of the victim and committed rape on the victim, who is a minor aged 13 years.

Sri.R.Mahesh Menon, the learned counsel for the petitioner contended that the incident alleged against the petitioner is totally false and that petitioner has been in custody since 09.10.2021.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and pointed out that petitioner has committed a very serious offence after trespassing into the house of the victim on many occasions. It was also pointed out that if the petitioner is released on bail, he would be a threat to the victim.

Sri.Philip T.Varghese, the learned counsel appearing on behalf of the father of the victim vehemently contended that the entire pleadings in the bail application is totally false and that petitioner had no connection with the victim's father and that he was never a worker under him. It was further pointed out that through calculated moves, petitioner created a bond with the victim and thereafter sexually assaulted her and exploited the innocent mind of the victim who is still under a trauma.

I have gone through the statement given by the victim and have considered the contentions raised across the Bar. Petitioner was arrested on 09.10.2021 and has been in custody since then. Though the offence alleged to have been committed by the petitioner is very serious, I notice that the continued detention of the petitioner is not warranted, provided sufficient safeguards are imposed to prevent the petitioner from interacting/ contacting the victim. In the circumstances, the petitioner is entitled to be released on bail.

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

(a) The 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.

(b) The petitioner shall co-operate with the trial of the case.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) Petitioner shall not contact through any mode the victim or her familiy members and her relatives.

(f) Petitioner shall not enter into the jurisdictional limits of Cheruthuruthy Police Station until completion of the trial.

(g) The petitioner shall not leave the country without the permission of the jurisdictional Court.

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.