Jibu Benny vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.1307/2021 of Kattappana Police Station, Idukki District alleging commission of offences under Sections 450, 363, 365, 366, 368, 376(20(n) & 376(3) of the Indian Penal Code and Sections 4(i) & (ii) r/w. Section 3 (a) & Section 6(i) r/w. Section 5(i) of Protection of Children from Sexual Offences Act, 2012.

The allegation against the petitioner is that he enticed the victim girl, aged 14 years into a relationship and eloped with her and committed sexual assault and rape on her and thereby committed offences under the aforesaid provisions of law.

The learned counsel for the petitioner submits that the petitioner and the victim girl are neighbours and they had developed an intimacy and that the victim girl had confided with the petitioner regarding her family problems and that there was no sort of compulsion in the matter. He also submits that the petitioner is only aged 21 years and had just completed BBA Course. The learned counsel for the petitioner also submits that the petitioner has been in custody from 9.9.2021.

The learned Pubic Prosecutor on instructions submits that the allegations against the petitioner are quite serious and that following investigation a draft of the final charge sheet has been prepared and submitted for approval within the Police Department. It is submitted that the investigation revealed that the allegation against the petitioner is correct and that the petitioner had eloped with the victim girl after pledging her gold ornaments.

Having regard to the facts and circumstances of the case and considering the fact that the custody of the petitioner is no longer required for the purposes of investigation and also considering the age of the petitioner, I am inclined to grant bail to the petitioner subject to stringent conditions. Accordingly, this bail application is allowed. 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. 1307/2021 of Kattappana 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.1307/2021 of Kattappana Police station;

(iv) The petitioner shall not enter the local limits of the Kattapana police station where the 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.1307/2021 of Kattappana Police Station may file an application before the jurisdictional Court, for cancellation of bail.