Ismayil vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.878 of 2023 of Chakkarakkal Police Station, Kannur, registered under Sections 354, 363, 376(2)(n) of the Indian Penal Code and Sections 4, 5(1) read with 6 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution allegation is that, the petitioner/accused befriended the victim girl aged 17 years through social media, and on 23.04.2023, he sexually assaulted her and raped her at his residence.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, the petitioner was in an affair with the victim girl, and the petitioner has not committed any offence as alleged. The petitioner was arrested on 05.09.2023, and he is in judicial custody since then. Investigation is over and final report has been filed.

Learned Public Prosecutor, on instructions, submitted that, investigation is over and final report has been filed, and it was taken on file as S.C.No.844 of 2023 on the file of Fast Track Special Court, Thalassery.

Adverting to the facts and circumstances, this Court is of the view that his continued detention is not necessary for the purpose of investigation, as final report has been filed, and it is pending before Fast Track Special Court, Thalassery as S.C.No.844 of 2023. Moreover, he is in judicial custody from 05.09.2023 onwards. So, this Court is inclined to allow this petition on the following terms:

i. The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

ii. The petitioner shall not try to contact the victim girl and shall not influence or intimidate her or her family members, either directly or indirectly.

iii. The petitioner shall not enter the area where, the victim girl is residing.

iv. The petitioner shall not leave the limits of State of Kerala, without getting prior permission from the trial court.

v. The petitioner shall not commit any offence while on bail.

vi. In case of violation of these conditions, the investigating officer can approach the jurisdictional Magistrate to get his bail cancelled, in accordance with law.