Jamsheer K vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.446/2023 of Beypore Police Station, Kozhikode registered under Sections 363 and 376 of IPC and Sections 6 r/w 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The prosecution allegation is that, in March, 2023 the petitioner kidnapped the victim a minor girl aged 17 years from the lawful guardianship of her parents, and subjected her to penetrative sexual assault, and rape at Sarovaram Park, Kozhikode. As a result, she became pregnant and delivered a child.

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 and the victim girl were in love, and intend to marry when she attains majority. Learned counsel produced Annexure A3 affidavit filed by the mother of the victim girl stating that, both families are willing to conduct the marriage between the petitioner and the victim, and the victim is under mental trauma as the petitioner is now in jail. The petitioner was arrested on 14/10/2023, and he is in judicial custody since then. Investigation is over and final report has been filed.

Considering these facts, this court is inclined to release the petitioner on bail on the following conditions:-

(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 influence or intimidate the witnesses or tamper with the evidence;

(iii) The petitioner shall not commit any offence while on bail.

In case of violation of the bail conditions, the trial court is empowered to cancel the bail in accordance with law.