Kithab Biswas vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.910 of 2023 of Aluva East Police Station, Ernakulam, alleging commission of offences under Section 376 of the Indian Penal Code and under Section 3(a) r/w 6 and 5j(ii) of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the petitioner made the victim to believe that he had legally married her and from the month of July 2022 onwards, they lived together as husband and wife in the house of the accused at Nadia in West Bengal. It is alleged that the victim was impregnated. The petitioner/accused and the victim were thereafter living in a rented house in Aluva. It is submitted that, when the victim was taken to a doctor in connection with her pregnancy, the doctor came to know that the victim was a minor and accordingly, reported the matter to the police leading to registration of the aforesaid crime.

The learned counsel appearing for the petitioner refers to Annexure-A1 photograph and submits that, as per the customs prevailing in the community of the petitioner and the victim in the State of West Bengal, a marriage was solemnized between the petitioner and the victim. It is submitted that, if at all any offence was committed, the said offence was committed in the State of West Bengal and the petitioner cannot be prosecuted in the State of Kerala. It is submitted that the petitioner has been in custody for 50 days and further detention of the petitioner is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor submits that the Aluva East Police has come to the conclusion that offences, if any committed by the petitioner, were committed in the State of West Bengal and accordingly, steps have been taken to transfer the case to the jurisdictional police station in West Bengal. It is submitted that the Aluva East Police does not intend to continue with the prosecution of the case in any manner.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and having regard to the facts and circumstances of the case as noticed above, I am of the view that the petitioner can be granted bail subject to conditions.

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.25,000/-(Rupees Twenty Five 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.910 of 2023 of Aluva East Police Station, Ernakulam 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.910 of 2023 of Aluva East Police Station, Ernakulam;

(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.910 of 2023 of Aluva East Police Station, Ernakulam shall file an application before the jurisdictional Court for cancellation of bail.