Dileep.B.V vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.433 of 2023 of Rajapuram Police Station, Kasaragod District, alleging commission of offences under Sections 376(2)(n) and 376(2)(f) of the Indian Penal Code and Sections 6(1) read with Sections 5(l), 5(j)(ii) and 5(n) of the POCSO Act, 2012.

The allegation against the petitioner is that the petitioner sexually abused and committed rape on the minor victim and thereby he committed the offences alleged against him.

Learned counsel appearing for the petitioner would submit that the petitioner and the minor victim are members of a Scheduled Tribe. It is submitted that they are living in a tribal colony in Vathilmady at Panathady Grama Panchayath. It is also submitted that the victim will attain the age of majority on 07.12.2023 and the petitioner proposes to get married to her immediately after she attains the age of majority. Further it is submitted that the mother of the minor victim and the father of the petitioner have executed separate notarised affidavits clearly stating that the marriage of the petitioner and the minor victim will be held immediately after the minor victim attains the age of majority. It is submitted that the crime was registered only on account of the fact that the minor victim became pregnant and she was taken to the hospital and on the basis of the report of the doctor.

I have heard the learned Public Prosecutor and the learned counsel appearing for the second respondent, who is the mother of the alleged victim.

Learned counsel appearing for the mother of the victim would submit that the marriage between the petitioner and the alleged victim will be held immediately after the alleged victim attains the age of majority.

Having regard to the facts and circumstances of the case and considering the affidavits executed by the father of the petitioner and the mother of the victim (second respondent), 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.433 of 2023 of Rajapuram Police Station, Kasaragod District, as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation in Crime No.433 of 2023 of Rajapuram Police Station ;

(iv) 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.433 of 2023 of Rajapuram Police Station, Kasaragod District, may file an application before the jurisdictional Court for cancellation of bail.