Justiyan M.S vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 3rd accused in Crime No.518 of 2023 of Idukki Police Station, Idukki District, which was initially registered under Section 57 of the Kerala Police Act in connection with the missing of a minor girl aged 15 years. The petitioner’s daughter is a friend of the minor victim. The allegation is that the 1st accused in the case, who is also a minor and therefore, a Child in Conflict with the law had taken away the minor victim while she was going to her school and along with some others had taken her to the house of the petitioner and they had stayed there in a room for about five days along with some others. The case against the petitioner is that despite knowing that the victim was a minor, the petitioner allowed the victim and others including the Child in Conflict with the law to reside in his house for about five days and thereby he aided and abetted the commission of the offences under Sections 363, 354, 376(2)(n) of the Indian Penal Code and Sections 3(a) r/w 4, 5(l) r/w 6, 7 r/w 8 of the POCSO Act and Section 77 of the Juvenile Justice (Care and Protection of Children) Act.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that even according to the prosecution the minor victim and the petitioner’s daughter are friends and the petitioner only allowed his daughter’s friend to reside in his house along with some others. It is also pointed out that there is absolutely no allegation even by the victim against the Child in Conflict with the law and therefore, the mere fact that the petitioner allowed the Child in Conflict with the law and the victim to reside in his house is no ground to hold that the petitioner is guilty of the offences alleged against him.

The learned Public Prosecutor refers to the facts of the case. He does not dispute the fact that the victim had not raised any allegation even against the Child in Conflict with the law or any of the other accused. It is also confirmed that the minor victim was a friend of the petitioner’s daughter and the offence alleged against the petitioner is that he had permitted the minor victim and others including the Child in Conflict with the law to reside in his house.

Having heard the learned counsel for the petitioner and in the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail. The petitioner has been in custody in this case from 04.07.2023. The allegations against the petitioner are as noted above. In such circumstances, it is not necessary to continue the petitioner in detention in so far as Crime No.518 of 2023 of Idukki Police Station is concerned.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The petitioner shall report before the Investigating officer in Crime No.518 of 2023 of Idukki Police Station as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.518 of 2023 of Idukki Police Station;

(iv) 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.518 of 2023 of Idukki Police Station may file an application before the jurisdictional Court for cancellation of bail.