Gayathiri @Divya 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.590/2022 of Palarivattom Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 370, 376, 354A(1)(i), and Section 109 r/w Section of the Indian Penal Code, 1860 apart from Sections 4, 3(a), 10, 9(1), 16 and Section 17 of the Protection of Children from sexual Offences, Act, 2012.

According to the prosecution, the accused 1 and 3 had sexually abused and raped the victim, who is a minor and the petitioner, who is a lady, had abetted the commission of said offences.

Sri.Baby Thomas, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner has been falsly roped in as an accused and has been in custody since 17.10.2022.

Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and even though the final report has been filed, releasing the petitioner, at this juncture, on bail, would cause prejudice.

I have considered the rival contentions.

Petitioner is a lady, who is also the mother of a young child. Having regard to the period of detention already undergone and the filing of final report, I am of the view that the continued detention is not essential and the petitioner can be released on bail on conditions.

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

(a) Petitioner shall be released on bail on her executing 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) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Palarivattom Police Station till the conclusion of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while she is on bail.

(f) 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.