Midhun vs State Of Kerala

Gopinath P., J

This is an application for regular bail

The  petitioner   is   the sole accused in   Crime No. 1224/2021 of Kayamkulam Police Station, Alappuzha District alleging commission  of offences under Sections 365, 363, 354D(1)(2) and 376 (2) (n) of Indian Penal Code and Section 4 r/w 3(a), 6 r/w 5(j)(ii)(1) and 12 r/w 11(iv) of  Protection of Children from Sexual Offences (POSCO) Act.

The allegation against the petitioner is that the petitioner entered to a relationship with a minor victim girl and on several occasions trespassed into the house of the minor victim girl and committed penetrative sexual assault and rape on the minor victim. It is also alleged that the month of December 2021, the petitioner kidnapped the victim from the lawful custody of her parents and thereby he committed the offences alleged against him.

The learned counsel appearing for the petitioner would submit that the petitioner is a 20 year old boy ,who has been in a relationship with the victim for last number of years. It is submitted that the petitioner had no occasion to commit any penetrative sexual assault and the allegations have been falsely raised against the petitioner. It is submitted that the continued detention of the petitioner is not necessary in the facts and circumstances of the case as the petitioner has been in custody for the past 62 days, having been arrested on 02-01-2022.

The leaned Public Prosecutor opposes the grant of bail. It is pointed out that, there is an earlier case registered against the petitioner on account of the relationship with the same minor victim. It is submitted that if the petitioner is granted bail there is every chance of the offence being repeated. It is also pointed out that the victim became pregnant owing to the sexual assault and rape by the petitioner. It is submitted that the petitioner is not entitled to grant of bail.

Having regard to the facts and circumstances of the case and taking a lenient view on account of the age of the petitioner, I am of the view that the petitioner can be granted bail subject to conditions. I also take notice of the fact that the petitioner has been in custody for the past 62 days and his continued detention may not be necessary for the purposes of any investigation.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

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

(ii) The Petitioner shall report before the Investigating officer in Crime No. 1224/2021 of Kayamkulam Police Station, Alappuzha District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No. 1224/2021 of Kayamkulam Police Station, Alappuzha District;

(iv) 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. Crime No. 1224/2021 of Kayamkulam Police Station, Alappuzha District may file an application before the jurisdictional Court for cancellation of bail.