Ebin Benny vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.667 of 2023 of Muzhakkunnu Police Station, Kannur District, alleging commission of offences under Sections 366A, 376, 354 and 354B of the Indian Penal Code and Sections 4, 3(b), 9(l) and 10 of the Protection of Children from Sexual Offences Act, 2012. The allegation against the petitioner is that the petitioner got acquainted with the minor victim aged 17 through social media and took her to various places and sexually abused her. In the month of March 2023, it is alleged that the petitioner took her to a deserted place and committed aggravated sexual assault on the minor victim.

The learned counsel appearing for the petitioner would submit that the petitioner is also a 19 year old student. It is submitted that the petitioner and the minor victim were in a relationship and there was no forceful sexual assault or rape as now alleged against the petitioner. It is submitted that the victim had given the statement against the petitioner only out of compulsion. It is submitted that the petitioner has been custody from 21.07.2023 and the continued detention of the petitioner is not necessary in the facts and circumstances of this case.

The learned Public Prosecutor refers to the facts of the case as also to the statement given by the minor victim. She submits that the allegations against the petitioner are serious and the investigation of the case is only progressing. It is submitted that the release of the petitioner on bail at this point of time may not be conducive as there is every chance of the petitioner contacting the victim and trying to influence and intimidate the witnesses in the case.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail. The petitioner is a young boy aged about 19 years. He has been in custody from 21.07.2023. The apprehension expressed by the learned Public Prosecutor that the petitioner may influence or intimidate the victim and other witnesses in the case can be taken care of by imposing sufficient conditions.

Therefore, this bail application is allowed and the petitioner is directed tobe 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.667 of 2023 of Muzhakkunnu Police Station every Saturday at 11.00AM until further orders;

(iii) The petitioner shall not attempt to contact the victim or influence or intimidate the victim or other witnesses in Crime No.667 of 2023 of Muzhakkunnu Police Station in any manner;

(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.667 of 2023 of Muzhakkunnu Police Station may file an application before the jurisdictional Court for cancellation of bail.