Lijo vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No. 811 of 2022 of Panthalam Police Station, Pathanamthitta District, alleging offences under Sections 363, 366, 376 of the Indian Penal Code, 1860 apart from Section Section 8 r/w Section 7, Section 4(1) r/w Section 3(a) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused kidnapped the victim aged only 17 years and sexually abused her on the promise of marriage and committed penetrative sexual assault on the victim and thereby committed the offences alleged.

Sri. Siju Kamalasanan, the learned counsel for the petitioner contended that the allegations against the petitioner are totally false and that incident as alleged had not occurred. It was further pointed out that the petitioner is a young boy aged 22 years and that he having been arrested on 16-07-2022, the continued detention is not warranted.

Sri.K.A.Noushad, the learned Public Prosecutor opposed the grant of bail and contended that the petitioner has committed a serious crime and since the investigation is still continuing bail ought not to be granted.

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 16-07-2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer on every third Saturday between 9.am and 12.pm.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses or contact the victim.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.