Manu vs State Of Kerala

K.Babu, J

The challenge in this appeal is to the order dated 3.2.2024 in Crl.M.P.No.548/2024 on the file of the Additional Sessions Judge-I, Thrissur.

The appellant is the accused. He is alleged to have committed the offences punishable under Sections 363, 376(2)(n), 376(3), 323 and 450 of IPC, Section 6 r/w Section 5(l) of the Protection of Children from Sexual Offences Act and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case is that the appellant, who met the victim girl, aged 17 years through Facebook, knowing that she belongs to Scheduled Caste, with sexual intent and by pretending love, in March, 2020, took the girl to his house at Thiruthoor without the consent and knowledge of her parents and committed penetrative sexual assault. In 2021, on many occasions, the appellant committed penetrative sexual assault on the victim. On 11.1.2024 at 11 pm, he criminally trespassed into her residence and voluntarily caused hurt to her.

The appellant was arrested on 14.1.2024 and he has been in judicial custody since then.

The learned counsel for the appellant submitted that the appellant is innocent of the allegations levelled against him.

Notice was served on the victim but she did not turn up. The Deputy Superintendent of Police, Kodungallur Sub Division submitted a report stating that he had recorded the statement of the victim wherein she stated that she is not interested in proceeding against the appellant.

The learned counsel for the appellant submitted that it was only at the instigation of her relatives, the victim filed the complaint against the appellant.

The learned Public Prosecutor opposed the bail plea of the appellant. The case diary reveals that the investigation is in the final stage.

Having regard to the entire materials placed before the Court, I am of the view that the appellant is entitled to be released on bail. Therefore, the Crl.Appeal is allowed. The order in Crl.M.P.No.548/2024 stands set aside. The appellant shall be released on bail, subject to the following conditions:

i) The appellant shall execute a bond for a sum of Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

ii) The appellant shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

iii) The appellant shall not threaten the victim or other witnesses.

iv) The appellant shall not maintain any contact with the victim.