Janeesh K.T vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.494/2021 of Thondernadu police station, Wayanad district, alleging commission of offences under Sections 363, 366A, 450 and 376(2)(n) of the Indian Penal Code and Sections 5(j)(ii) and (1) and Section 11(iv) r/w.12 of the Protection of Children from Sexual Offences Act.

The allegation levelled against the petitioner is that, he entered into a relationship with the minor victim girl and in between the dates 29.09.2021 to 07.10.2021, trespassed into the house of the minor victim girl and committed penetrative sexual assault on her. It is further alleged that the accused kidnapped the victim and took her to a hill top and there also, he committed the offence of rape.

Learned counsel appearing for the petitioner submits that the petitioner is aged 19 years and the petitioner and the victim girl, who is aged 17 years are in love with each other. It is submitted that the petitioner and the minor victim girl intend to get married with the blessings of their parents after attaining the minimum age required for solemnising a valid marriage. It is submitted that the petitioner has been in custody for 55 days and further detention of the petitioner is not necessary for the purpose of investigation.

Learned Public Prosecutor submits that the allegations against the petitioner are serious. It is also submitted that the statement of the victim under Section 164 Cr.P.C clearly reveals that the incidents of rape committed by the petitioner. It is also submitted that the grant of bail, at this stage, may affect the progress of investigation into the matter.

Considering the facts and circumstances of the case and considering the fact that the victim in her statement under Section 164 Cr.P.c has also stated that the victim and the petitioner were in love with each other and especially, considering the fact that the continued detention of the petitioner is not necessary for the purpose of investigation and also the fact that the petitioner is only 19 years of age, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No. 494/2021 of Thondernadu Police station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No. 494/2021 of Thondernadu police station;

(iv) The petitioner shall not enter the local limits of the Thondernadu police station where the minor victim is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) 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.494/2021 of Thondernadu police station may file an application before the jurisdictional court, for cancellation of bail.