Jibi vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of CrPC filed by the sole accused in Crime No.1034/2023 of Kalady Police Station, Ernakulam, registered under Sections 342, 323, 506, 354, 354(B), 376, 376(2)(f) & 450 of IPC and Sections 7, 8, 9(n)(l), 10, 6 r/w 5 (n)(l), 4(2) r/w 3(b) of POCSO Act.

The prosecution allegation is that, the petitioner, who is a close relative of the victim girl, while she was studying in 9th as well as in 10th standard, sexually assaulted her forcibly.

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 is in judicial custody since 26.11.2023 onwards. The petitioner is aged only 23 years and he is pursuing his studies. Investigation is over and the final report has been filed.

Learned Public Prosecutor also on instructions submitted that, investigation is over and final report has been filed. The petitioner is in judicial custody from 26.11.2023 onwards. So this Court is of the view that his continued detention is not necessary for the purpose of investigation.

On ensuring the safety and security of the victim girl, the petitioner can be released on bail 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 contact the victim girl and shall not cause any kind of harassment to her, either directly or indirectly.

iii. The petitioner shall not influence or intimidate the witnesses.

iv. The petitioner shall not enter the limits of Kalady Police Station, till the victim gives testimony in the Sessions Case.

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

vi. In case of violation of any of these conditions, the court concerned is empowered to cancel his bail, in accordance with law.