Johnson vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.587/2022 of Thodupuzha Police Station, Idukki, alleging offences under Sections 366, 370(4), 376(1), 376(2)(n) and 370A r/w Section 34 of the Indian Penal Code, 1860 and Section 4(1) r/w Section 3(a), Section 6(1) r/w Section 5(j)(ii) and Section 17 r/w Section 16 of the Protection of Children from Sexual Offences Act, 2012 apart from Section 84 of Juvenile Justice (Care and Protection of Children) Act, 2015.

The prosecution case is that the accused, after trafficking the minor victim, aged 15 years, sexually exploited her at a lodge and thereby committed the offences alleged.

Shri.K.R.Prathish, the learned counsel for the petitioner contended that petitioner is the 2nd accused in Crime No.587/2022 and is totally innocent of the allegations. It was further submitted that since the petitioner was arrested on 10.04.2022 and since the final report has already been filed, the continued detention of the petitioner is not warranted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that even though, final report was filed on 30.06.2022 and the case is now pending consideration as S.C.No.410/2022 on the files of the Sessions Court (Special Court for trial of Offence against Women and children), Idukki, release of the petitioner on bail would prejudice the prosecution.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 10.04.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.