Midhun vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.547 of 2021 of Kottiyam Police Station, Kollam District, alleging commission of offences under Sections 450, 354(A)(1)(i), 376, 376 (2)(n) and 376(3) of the Indian Penal Code and Section 4 read with Section 3(a), Section 6 read with Section 5(1) and Section 8 read with Section 7 of the POCSO Act, 2012.

The allegation against the petitioner is that he committed rape on the minor victim girl, who he befriended through facebook under the false pretext of marriage.

The learned counsel for the petitioner submits that the petitioner was arrested and has been in custody from 10.09.2021. He submitted that the final report has already been filed in the matter and the continued detention of the petitioner is not necessary for the purpose of any investigation into the case. It is submitted that the petitioner is absolutely innocent of the allegations levelled against him and that the information which led to registration of crime against the petitioner was given when the victim girl had given a statement under Section 164 of the Cr.P.C regarding a case registered on her complaint against her father, who was stated to have been sexually abusing her over a long period of time.

The Public Prosecutor, on instructions, submits that the allegations against the petitioner are quite serious and that the medical examination of the victim girl supports the allegation of rape. It is submitted that the petitioner had befriended the victim girl over facebook and had forced her into a sexual relationship while the victim girl was staying in her mother's sister's house at Mayyanad.

The petitioner is aged 25 years and it is stated that he has completed Diploma in Automobile Engineering. The final report in the matter has already been filed. Taking into consideration of all the above aspects, I am of the view that the petitioner can be released on bail subject to strict conditions to ensure that he does not contact the victim girl or influence or intimidate any witness in the matter.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall appear before the investigating officer in Crime No.547 of 2021 of Kottiyam Police Station, Kollam District, on every Saturday at 11 am until further orders;

(3) The petitioner shall not attempt to influence or intimidate the victim or any witness in Crime No.547 of 2021 of Kottiyam Police Station, Kollam District (now stated to be pending before the Sessions Court after filing of charge sheet)

(4) The petitioner shall not enter the local limits of the Kottiyam Police Station where the de facto complainant is residing except for the purpose of complying with condition No.2 above;

(5) The petitioner shall surrender his passport before the Jurisdictional Court;

(6) 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.547 of 2021 of Kottiyam Police Station, Kollam District, may file an application before the Jurisdictional Court for cancellation of bail.