Krishnalal @ Lalu vs State Of Kerala

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner who is the sole accused in Crime No.872 of 2020 of Chelakkara police station registered for the offences punishable under sections

376(2) and 354D(1)(i)(ii) of IPC and under Sections 6(1) read with Section 5(1) and 12 read with 11(iv) of the Proctection of Children from Sexual

Offences Act, has filed this application seeking his release on bail.

He has been in custody since 30.11.2020

The allegation is that the petitioner who is having close acquaintance with the defacto complainant had took her to different places and subjected

her to rape and sexual assault on several occasions. He has also captured her photographs in his mobile phone with the intention to exploit her and

thereby committed the offences as alleged by the prosecution.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that the petitioner is aged only 22 years and the victim is a minor. In fact the petitioner and the

defacto complainant are in love. But he has not committed any offence as alleged by the prosecution and in fact he is undergoing unnecessary

incarceration for the last more than 80 days. Hence, this application.

The learned Public Prosecutor has fairly submitted that the investigation of the case is practically over and the prosecution will able to submit the

final report within no time.

Having considered the nature of accusations levelled against the petitioner, the age of petitioner, the period of detention undergone by the petitioner

in judicial custody, the other facts and circumstances involved in the case and the present stage of investigation, I am inclined to release him on bail

subject to the following stringent conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the

like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not visit the defacto complainant or contact her for a period of three months.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.