Mithun 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 accused in Crime No.1783 of 2022 of Nedumangad Police Station, Thiruvananthapuram District, registered for the offences punishable under Sections 342, 354, 363, 376(2)(n) of the Indian Penal Code, 1860 and also under Section 3(a) r/w Section 4, Section 5(1) r/w Section 6, and Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, on 22.09.2022, the accused raped the minor victim aged 16 years and thereby committed the offences alleged.

Sri.Latheesh Sebastian, the learned counsel for the petitioner, submitted that the prosecution allegations are false and they have been leveled at the instance of the parents of the victim, who were against the romantic relationship, between the petitioner and victim. It was further submitted that petitioner is only 21 years in age and that he has been in custody since 21.10.2022 and therefore, further detention ought not be permitted.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that allegations are serious and even though the investigation is almost completed, releasing the petitioner at this juncture would cause prejudice.

I have considered the rival contentions. Having regard to the young age of the petitioner and also the period of detention already undergone, apart from the final stage of the investigation, I am of the view the no purpose would be served in continuing the detention of the petitioner.

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

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Nedumangad Police Station.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.