Lijin @ Appu vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused No.1 in Crime No.1260/2022 of Nedumkandom Police Station. The offences alleged are punishable under Sections 363, 376(1), 376(2)(n), 376(3) of the IPC & Sections 3(a) r/w 4(2), 5(1) r/w 6 of the POCSO Act.

The prosecution case, in short, is that the applicant with the assistance of another person, kidnapped the victim girl aged 15 years to a lodge at Nedumkandam and indulged in sexual intercourse with her on 20.12.2022, 01.11.2022 and 19.11.2022 and thereby committed the offence.

I have heard Sri.Jomon.J.Maliekal, the learned counsel for the applicant, Sri.V.S.Sreejith, the learned Public Prosecutor and Smt.V.H.Jasmin, the learned counsel for the 3rd respondent. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage. The learned counsel for the 3rd respondent submitted that, the offence alleged against the applicant is grievous in nature and the victim – a minor girl aged 15 years was subjected to sexual intercourse on three occasions. The learned counsel further submitted that, if the applicant is released on bail, there is every possibility that he will repeat the act.

The applicant was remanded to judicial custody on 21.12.2022. A perusal of the FIS would show that the applicant and the victim were known to each other. The victim was aged 15 years and the applicant was aged 28 years. The FIS would further show that, on three occasions, the victim voluntarily went along with the applicant to a lodge and had sexual intercourse. It is true that the victim was aged 15 years and hence, her consent is immaterial. However, the fact remains that, the applicant is in custody for about three months. He has no criminal antecedents. The learned Public Prosecutor submitted that, the investigation is practically over and the charge sheet is ready to be submitted. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.